Alternative Dispute Resolutions

Title: Small Businesses and the Benefits of Alternative Dispute Resolutions
Thesis: Small businesses owners lose large amounts of money, customer trust, and sometimes their entire businesses due to litigation, a problem that can at times be resolved through having more alternative dispute resolution options in place for all possible problems that could occur, preventing all of the negative consequences of being taken to court.

I. Introduction:
a. A brief introduction of the cost and negative effects of litigation for small businesses in America today.
b. Thesis: Small businesses owners lose large amounts of money, customer trust, and sometimes their entire businesses due to litigation, a problem that can at times be resolved through having more alternative dispute options in place for all possible problems that could occur, preventing all of the negative consequences of being taken to court.
• https://www.supplywisdom.com/resources/impact-of-lawsuits-and-litigation-on-brand-image/
• https://www.jdsupra.com/legalnews/reputational-damage-3-worst-cases-11-90321/
II. Background:
a. Touch back litigations costs and effects on a business.
b. Evaluate different ADRs and how they differ from court proceedings.
c. When and were can an ADR be applied to solve or prevent certain problems.
• https://www.courts.ca.gov/3074.htm#panel4537
• https://corporate.findlaw.com/litigation-disputes/what-are-the-benefits-to-alternative-dispute-resolution.html
• https://corporate.findlaw.com/litigation-disputes/alternative-dispute-resolution-seminar.html
III. Possible Solutions:
a. Discuss possible ways to implement alternative dispute resolution options for small businesses.
b. Discuss the benefits of these alternative dispute resolution options.
c. Discuss the ethics behind arbitration clauses in employee contracts of a small business.
• Senate Judiciary Committee Hearing; “The Federal Arbitration Act and Access to Justice: Will Recent Supreme Court Decisions Undermine the Rights of Consumers, Workers, and Small Businesses.”; Testimony by Archis Parasharami, Partner and Co-Chair, Consumer Litigation and Class Actions practice, Mayer Brown LLP, Washington, DC
IV. Conclusion:
a. Reinforce Thesis.
b. Brief overview of background and possible solutions.
c. Final thoughts and findings. For more information on Alternative Dispute Resolutions see this: https://www.britannica.com/topic/World-Trade-Organization/Resolution-of-trade-disputes

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