Virtual University Solved Assignments Online Quiz Past Papers GDB VUsolutions VU solutions

“Nature of Conflicts”

Company ABC wants to purchase a piece of land to erect new production plant. Officers approach the owner of the desired plot. That party was fraudulent. Officers don’t know about the reputation and have deal with them. Seller party ask them to pay half money in advance, and in return they will give a stamp paper on which they will give receiving of the said amount and half of the money will be due on the day of transfer. After some days, officers of company ABC come to know that said is already sold to another party and they are going to transfer in few days. The other purchase party is on the right because they have given advance money to sellers

before Company ABC. So due to back date effect, legally company ABC has no claim on plot or that second purchaser party. But they have the right to sue seller in the court. Now a complicated conflict has arises. Now there are so many constraints and considerations in the way to resolve this conflict.

• Litigation process is time taking

• Company resources will going to waste on resolution

• Said plot was the ideal location for the plant and they going to lose it

• Recovery of money is not easy especially from fraudulent people

• Time constraints

• Legal position is not good

• Seller intentions are not good

• Courts proceedings are complex and complicated

• More money is required to get out of it

What will you suggest in this situation, which of the following is the most appropriate way to get out of this situation while considering all the above mentioned issues and why?

a) Negotiation

b) Meditation

c) Conciliation

d) Arbitration

e) Adjudication

Solution:-

In my opinion first of all the both parties go for Negotiation because the Company ABC wants to save its money and time and the company also don’t want to lost that ideal location for their production plant. And the intentions of the seller are not good that is why it is important to convince him at the better solution for this problem by healthy negotiation. Any mistake of company ABC can aggravate this problem and the recovery of the money will be difficult or impossible. Negotiation is a discussion among the two or more people with the goal of reaching an agreement. Broadly speaking negotiation is an interaction of influences. Such interactions, for example include the process of resolving dispute, agreeing upon course of action, bargaining for individual or collective advantage.

Other Means of Resolving Conflict:

If the ABC Company uses the other means to resolve this problem, then they are time taken, money consuming and also possible that the result is not according to the wish of the both buyer parties. Mediation, conciliation, arbitration also have long processes and there is also possibility of creating misperception if the mediator or conciliator is not trained. In these processes the company also has to pay the fee of the agents. Adjudication is expensive and time consuming.

Most of the time the result, in adjudication is least acceptable or in favor of the both parties. In this way they can not talk face to face. By these means, ABC company may lose the place that he don’t want lose because it is the best location for its production plant. And if the seller party don’t want to sell that place to the company and also don’t want to pay back the money then it will try to pull the process.

Negotiation:

If company ABC is going for negotiation with the both parties, the seller and the other buyer of that land, there are many chances that the Company ABC would be reach at the best solution of this problem that will in favor of Company ABC and also acceptable for the both of other parties without wasting its resources. It is relatively less expensive and has no longer process. In this way the two buyer parties can negotiate at this problem and try to find the better solution of this problem , after that both the parties should go for negotiation to the third seller party. And they can put pressure on the seller party to agree at the better solution of this problem through the healthy negotiation.

So Negotiation is the suitable solving the dispute outside the court. By using this form of resolving the dispute all the parties can save their money and protect themselves from the lengthy procedure as well as they get the desirable result. It means there can create win-win situation by using this technique.