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Intellectual Property, Insurance, and Alternative Dispute Resolution (ADR)

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Module 4 - SLP
INTELLECTUAL PROPERTY, INSURANCE, AND ALTERNATIVE DISPUTE RESOLUTION (ADR)
Juetten, M. [docstocTV]. (2013, August 27). Understanding the 4 types of intellectual property [Video]. YouTube. https://youtu(dot)be/sMos5Dx-9CQ
Amundsen, P. (2021). Alternative dispute resolution [Video]. https://drive(dot)google(dot)com/file/d/1bqEx8nwbqg0GdY0-ie8uiEPDKmquV7IW/view
Amundsen, P. (2021). Business insurance [Video]. https://drive(dot)google(dot)com/file/d/1cTvSB7oeJ_HWLjUezdmvI3vbqiChZle1/view
https://trident-summon-serialssolutions-com(dot)ezproxy2016(dot)trident(dot)edu/2.0.0/link?t=1666732013411
https://ebookcentral-proquest-com(dot)ezproxy2016(dot)trident(dot)edu/lib/trident/detail.action?docID=3035151
Chapter 18, 10, 11, 12
https://web-s-ebscohost-com(dot)ezproxy2016(dot)trident(dot)edu/ehost/detail/detail?nobk=y&vid=1&sid=f4962df1-ada6-46cf-89a4-ca10e7ed8aa8@redis&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ==#AN=218519&db=e000xna
Chapter 3
HandshakeAfter facing some initial problems in obtaining an additional supply of organic blueberries, Stacy’s business continues to flourish. As it happens, however, Stacy’s commercial kitchen in the industrial park had a visit from a local Occupational Health and Safety Administration (OSHA) inspector who discovered a few problems in the kitchen. As a result, Stacy is facing a $4,500 fine for some inadequate wiring and for not having appropriate safety shields on her mixers. Stacy received a notice from the local OSHA office explaining that she could ask for reconsideration of her fine—she would have to request a meeting with a local administrator to make that request. Also, according to the letter, if the initial meeting with the OSHA administrator did not produce an outcome with which Stacy was satisfied, Stacy could even move on to request mediation before ultimately having a right to request an administrative hearing about the fine.
Stacy didn’t want to pay the $4,500 fine and wanted to take advantage of the alternative dispute resolution mechanisms that the local OSHA office offered.
Stacy has asked you to help her prepare a plan for the initial meeting and possibly the mediation. A neighbor in the industrial park who had been fined by OSHA in the past told Stacy that the administrator who handles the initial meeting usually doesn’t make much, if any, reduction in the fine, so Stacy believes she needs to prepare for mediation also.
For this module 4 SLP assignment, review the background materials on alternative dispute resolution (ADR). You may want to do your own additional research as well. Prepare a 2- to 3-page paper that consists of a plan of action for Stacy to follow at the initial meeting (which will be a negotiation) and for a likely mediation. Start your paper by explaining the basics of negotiations and mediations to Stacy. Then, suggest to Stacy how she should approach these meetings. What should her attitude be? What facts should she know? Which resolutions should she propose? Which resolutions should she be willing to accept?

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Intellectual Property, Insurance, and Alternative Dispute Resolution (ADR)
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Intellectual Property, Insurance, and Alternative Dispute Resolution (ADR)
Negotiation is the act of coming together two disputing or conflicting parties and making their own solving of the disputes without engaging any other third party. Mediation is different when two conflicting parties come together to solve their issues. Still, they have the support of the third party, referred to as the mediator, and help them come to a common ground. When a conflict is complex, both negotiations and mediation can be used. Alternatively, in some cases, negotiation is the common form of dispute resolution used when the conflict is simple. In most cases, informal or formal mediation is used when a conflict or disagreement has gone beyond negotiation.
Negotiations cannot be scripted, and planned goals can change during a negotiation. Unexpected opportunities and obstacles may arise. In some cases, the other party may be more or less cooperative than expected (DocstocTV, 2022). With the variety of negotiation approaches, Stacy's most important consideration is knowing which approach she should use to make a difference in the outcome. Stacy should approach these meetings as problem-solving issues. First, she has to identify the gaps in her performance and then discuss with the Occupational Health and Safety Administration (OSHA) how her performance gaps can be addressed without going through the huge fine.
Stacy should have problems solving attitude during the negotiation. She should dig into her heels and hold on to her position that the problem must be solved without the need to pay the fine. At times, having a problem-solving attitude is appropriate, but it is also important to conduct it consistently and professionally in relation to the company's values (Sofiana & Utama, 2021). A problem-solving skill attitude means Stacy demonstrates her open-mindedness by letting OSHA know she is open to hearing all the different ways to approach the situation and come to a mutually acceptable solution. The elegant approach of being open-minded consists of two main actions: having to paraphrase what is being suggested by OSHA and then finding value in the suggestion. Before the negotiation process, Stacy should also acknowledge OSHA's objective by letting them know that she has heard them and then respond with the honesty as possible on the matter.
Stacy should know that negotiation is a dialogue between two people to reach an agreement over issues. Nevertheless, suppose the negotiation does not reach commo...
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