an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior, and to develop risk management procedures to avoid or reduce claims and litigation.
The purpose of this assignment is to analyze and select an appropriate
method of alternative dispute resolution (ADR) for a business dispute,
to examine unethical business behavior, and to develop risk management
procedures to avoid or reduce claims and litigation. Read the following
scenario: Dazzling Dough Co. sells pizza dough to local pizza
restaurants. Most of the restaurants buy at least 150 pounds of pizza
dough from Dazzling Dough Co. in each order. Jerry's Pizza contacted
Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with
some other items. Dazzling Dough Co. sent Jerry's Pizza a written
contract, prepared by Dazzling Dough Co.'s lawyer, stating that "Jerry's
Pizza agrees to purchase 200 pounds of pizza dough, pizza toppings,
desserts and soft drinks for $30,000." Jerry's Pizza signed and returned
the contract. A few days later, Dazzling Dough Co. sent Jerry's Pizza
125 pounds of pizza dough and 75 pounds of pizza toppings, desserts, and
soft drinks. Jerry's Pizza contacted Dazzling Dough Co. about the error
in the contract and demanded an extra 75 pounds of pizza dough.
Dazzling Dough Co. said there was no error, that Jerry's Pizza signed
the contract so they agreed to the terms, and it was not sending the
extra pizza dough. After several attempts to resolve the dispute and a
pressing need for dough, Jerry's Pizza terminated the contract and sent
Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza
dough, pizza toppings, desserts and soft drinks. Jerry's Pizza
immediately purchased 75 pounds of pizza dough from another company for
$12,000. Both parties are threatening to sue each other for breach of
contract. They prefer to resolve the dispute out of court because the
contract contains a clause that awards reimbursement of attorney's fees
to the winning party. The board of directors of Jerry's Pizza scheduled
a meeting with you and other senior management at the company to
discuss the dispute. You'll need to prepare a strategic plan overview
(an abbreviated strategic plan, not a full plan) for the board that
explains why there is a dispute, suggests various settlement proposals,
and provides recommendations on how Jerry's Pizza can avoid this kind of
dispute in the future. Prepare a 525- to 875-word strategic plan
overview to resolve the legal dispute for the board (use the bullet
point headings provided below to format your overview) addressing the
following: •Summary of Dispute ◦Identify the source of the dispute.
◦Identify each party's interpretation of the contract language.
◦Identify whether each party's interpretation is reasonable. ◦Identify
any missing facts that would be helpful to know in order to resolve the
dispute. •Proposed Revisions to Contract Language ◦Recommend specific
revisions to the contract's language so that it is clear what Jerry's
Pizza expected to buy and what Dazzling Dough Co. is required to
deliver. •Ethical Considerations ◦Explain the ethical considerations
for a company to enforce specific terms of a contract against another
company if the other company is mistaken about what was agreed to.
Discuss the factors that should be considered. •Recommendations ◦Two to
three possible settlement options (e.g., pay for the disputed dough,
reduce the amount of dough to be purchased, split the difference, refuse
to pay, etc.) ◦Two to three methods of dispute resolution (e.g.,
negotiation, mediation, arbitration, litigation, etc.) that Jerry's
Pizza can propose to Dazzling Dough Co. Create a one-page visualization
to represent the information you provide in this assignment. •Use the
Table, SmartArt, or Chart visual representation options available in
Microsoft® Word by clicking on the Insert tab located on the ribbon at
the top of the window. Locate the Word Help function in the version of
Microsoft® Word that is installed on your computer for assistance.
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