Litigation, ADR, and criminal prosecution are not appropriate for every case. I will identify every scenario and decide which response is the most suitable. So first we have Adele, a secretary for her company. She can write checks for the purchase of office supplies. One day, she takes the company's money for herself. Although she intended to do it once, she does the same thing several times. Eventually, the accounting manager discovers a discrepancy and confronts Adele, who admits to writing checks to herself. There are many signs that that tell us this case is a criminal law one. If you read the first sentence Adele is a secretary of a company. …show more content…
It can be out of business. It can be burned down to the ground, or the reputation can be damaged. Whatever the case is, it cannot always be treated as a person. Now if we look at the same chapter (Chapter 10, page 177), we see a similar case scenario as Adele's. There we see a bookkeeper who works for a medical facility. She make fake receipts (invoices) for services or goods provided to the medical association. She, then, uses the company's money and pays for such services or goods that were never rendered. But, since the providers are ghosts, she creates an account and make those payments to her new account. I assume Adele's case is a type of embezzlement, just like our bookkeeper. The appropriate response to this act would be criminal persecution. So a criminal trail will be filed. A criminal trial is also distinguished because it harms the public. Adele's unethical behavior can harm many stakeholders and not just one individual.
This, for example, involves the investors, the owner of the company, co-workers, suppliers, and even the insurance company. Even the community surrounding the company can be injured. The manager of the company could fire somebody else thinking he or she was responsible for the lost …show more content…
Such confusion requires another shipment with the right order. Such error creates losses to ABC company. Now, In my opinion, an alternative dispute resolution (or ADR) is the best choice. ADR is a term to describe several methods to solve a civil offense. An alternative dispute resolution is a good way to solve this scenario. Why? The textbook tells us that when two business are involved in dispute, filing a complaint to initiate a litigation can harm both parties.
Like I mentioned before, litigation is time consuming and expensive. Naturally, one of the parties might not be willing to keep doing business after the case is done. But what about if company ABC wins the case and pays five thousand dollars to XYZ for the damages. Then XYZ decides they don't want to keep doing business with ABC. Then, ABC finds a more expensive supplier that does not compensate the 5 thousand dollars losses created by XYZ. At the end, either party is a loser. The alternative dispute resolution is especially recommended to parties that have equal bargaining power. The most common methods are negotiation, mediation, and arbitration. Negotiation involves the two parties. No arbitrator or mediators is needed. Negotiation is the least