Dispute Resolution Dispute Resolution

Although business and law are consistent features of everyday life in the United States, the presence of the lawsuit and adjacent litigation has caused many of us to consider that there are really only two classes of citizens. The first class of citizen is the litigant. The second class of citizen is the potential litigant.

Of course this is a tongue-in-check comment, but it sometimes seems that newspapers and television spend a tremendous amount of time concentrating on the status of suits, legal wrangling, and the subsequent fallout from their outcome. What seems clear is that while business law must be explicit on the subject of suites, other means of settling disputes, real or imagined, exist.

The article entitled, "Getting More for Less in Commercial Disputes," from the journal, The Greater Columbus Business Authority, on April 13, 1998, makes this point quite clearly. The author of the article, Kurt Tunnell, remarks that "Despite emphasizing greater efficiency and effectiveness, many executives have not devoted enough attention to avoiding one of the biggest drains of company resources, reputation and productivity: commercial lawsuits" (Tunnell, 1998).

While business law exists (in part) to clarify and settle the everyday disputes that arise in business, the idea of saving time and energy, while devoting resources to the more important details of getting on with life in the business lane, is very appealing. Mr. Tunnell is caref

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oning field of dispute resolution, but it all comes down to time wasted and money spent. ADR may be a better way in some cases. Rick Gautschi, a Seattle lawyer who also has an MBA and a doctorate in business administration, and his partner, retired Mason County District Court Judge Larry King, are launching a new business to help companies set up their own in-house programs to handle workplace disputes. The firm, the Concordance Group, will open its doors this month, with offices in both Seattle, where Gautschi is based, and Olympia, where King is located. The pair previously had been in partnership in the law firm King & Gautschi (Sather, 1997). Mr. Gautschi says he was inspired to form his new firm, in part, by the findings of a government commission, the Commission on the Future of Worker-Management Relations. The commission looked at the high number of workplace disputes that resulted in costly litigation. It recommended in its December 1994 report that private companies be encouraged to develop high-quality, private dispute-resolution procedures as an alternative to litigation. The commission qualified its recommendation that private companies develop alternative dispute-resolution procedures in one important way

Category: Government - D