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Alternative Dispute Resolution

Autor:   •  July 17, 2016  •  Research Paper  •  1,203 Words (5 Pages)  •  363 Views

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Alternative Dispute Resolution

Jose L. Aquino Castillo

LAW/531

6/27/2016

Business Administration

Alternative Dispute Resolution

        On this paper, we are going to be discussing a dispute between the Price Produce Inc management. The dispute is between the Chef Executive Officer (CEO) of the company and the Chef Financial Officer (CFO). The conflict consists in whether or not the company must invest in machinery for automating the manufacturing process or invest on marketing and promotions. The position of the CEO is to invest in equipment that way the company will be able to deliver more products and increase the profit. On the other hand, the CFO prefer to invest in marketing because at the moment the company is capable of producing more product that the demand that they have in the market, his position is that they first have captured more buyers and then when its capacity can not cope, expand. The parts on this dispute can not reach an agreement, on these paper, we are going to establish an alternate dispute resolution to manage this and further disputes.

Legal form of business

         Price Produce Inc is a Limited Liability Company (LLC). This type of business structure shield the owners from any personal liability that may come from the dealing operation.  The LLC and The corporates they are very similar the difference between theme are that the corporate is a legal entity, the pay corporate taxes for his profits and the owners pay taxes on the money that they received has salaries, shares, and dividends. Unlike a corporation, an LLC is not a separate tax entity on these type of business the owners most pay taxes for there share of the profits keeps during the fiscal year. Some of the benefits and reasons the owners chose to establish an LLC are:

  • One of the must important reasons is If the owners believe that the business will be engaged in dangerous activities or will incur on a significant amount of debt, the LLC is a good option because it will protect the owners to be sued on their personal aspect. The company will respond with their access and capital.
  • The second most important reason is if one or more of the owners have large amounts of personals assets that they want to protect from a potential liability that came from the operation of the company the LLC could be the best option.

Litigation in court

     If the parts of the dispute can not come along with a decision, they can solve there a conflict on the court. To address the difference on court one of the parts most present a civil action or a plaint. A civil action is a legal action that it not involve a crime. Civil proceedings are disputes between individuals or entities for example claim for debts, divorce, adoptions, damages, and detriments. Once the plate is redacted the defendant must be served, it could be by mail by emplacement or in the newspaper.  The defendant must respond the plaint.  

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