Question

Business Scenario Kim went to Ling’s Market to pick up a few items for dinner. It had been a stormy day, and the wind had blown water through the markets door each time it opened. As Kim entered through the door, she slipped and fell in the rainwater that had pooled on the floor. The manager knew of the weather conditions but had not posted any sign to warn customers of the water hazard. Kim injured her back as result of the fall, so she then went on to sue Ling’s market for the damages. Briefly summarize the case. (Answer in a brief concise summary no longer than 5 sentences.) Select an alternative dispute resolution method that is discussed in Chapter 3 of the textbook that you feel could have been used in this case by one of the parties. ( Negotiation, Mediation, or Arbitration) Explain your rationale in selecting this particular method for this case. Briefly define in layman’s terms this alternative dispute resolution method. Discuss at least three (3) advantages of using this method in lieu of litigation in this case.

Answer 1

Summary :-

On a stormy day, a person named Kim went to shop some items for dinner. When Kim entered Ling's market, she slipped and fell as there was pool of rainwater on the floor. Despite knowing about the conditions, the manager didn't warned the customers and thus Kim went to sue Ling's market because of the injury she got from the fall. In this case, as Kim is not ready to negotiate by herself, so a Mediator is needed to settle the dispute between two parties as that person can gently observe the parties and can help to resolve the situation in an informal way. As the manager is responsible for the loss of Kim, so he can compensate Kim or give some monetary award or free items to settle the dispute with mutual agreement.

According to Layman's terms Mediation is an independent and informal process of settlement to resolve a dispute by a third party with mutual agreement between the first and the second party.

Advantages of using Mediation in this case :-

• The process of Mediation is really very simple and inexpensive, as a Mediator can settle a dispute by exchanging some talkings. So it is in every way better for domestic disputes than litigation.
• Agreeableness in cases can be more by this method, as there is no formal way of judgements. So, it was also easy for the manager to settle with Kim.
• One more advantage to bring Mediator in this case is that the two parties can talk freely and confidentially present their own points to the third party.
• Mediator can give quick and instant results as there is no need to wait in the lawsuit for declaration of the result.