Date Archives September 1, 2021

What Does Alternative Dispute Resolution Mean?

Alternative dispute resolution (ADR) mechanism, that is, through a variety of ways outside litigation, instead of litigation to solve disputes, also known as diversified dispute resolution mechanism, or called non-litigation dispute resolution mechanism, dispute resolution mechanism outside the court. It is the general name of all kinds of non-litigation dispute resolution methods, procedures or systems other than litigation trial systems that exist widely in the world today.

The system originated from the social reform movement to reshape harmonious interpersonal relations in the United States in the middle of the 20th century. At that time, the United States was in the stage of a “litigation explosion”, with serious court cases, high litigation costs, and delayed trial procedures. Many problems made the United States face a serious judicial crisis. Judicial crisis forces people to find a way out. People inject the ideological achievements of social reform into judicial reform and try to establish a variety of convenient and fast dispute resolution mechanisms. Therefore, the ADR system arises at the historic moment.

Mediator Panel

The dispute resolution mechanism of human society has been diversified since ancient times. However, in the long historical process, the social subject’s demand and understanding of this diversification has experienced a process from spontaneity to self-consciousness.

The forms of ADR systems in the world generally include:

First, mediation, that is, the parties to a dispute voluntarily submit their dispute to a mediator panel to facilitate the negotiation and reconciliation of the parties in an appropriate manner.

Second, negotiation, that is, the parties to a dispute reach a consensus and an agreement through information exchange.

Third, arbitration, that is, the parties based on consensus, submit the resulting dispute to a third party chosen by them together for adjudication.

Fourth, ADR attached to the court, such as arbitration attached to the court, mediation attached to the court, summary jury trial, etc.

In addition, many new forms of ADR are still being innovated, such as “online dispute resolution”, “early neutral assessment” and so on.

The main characteristics of ADR are

  • The parties in the dispute have a high degree of autonomy, in which the party’s autonomy will play an important role.
  • With greater flexibility, the parties can choose appropriate solutions and procedures according to the specific situation of the dispute.
  • Dispute resolution is quick and cheap.
  • The agreement and award (except the arbitration award) are not legally binding in general, but as the agreement is completely reached on the basis of friendly consultation between the two parties, it is generally easy to be recognized and consciously implemented by both parties.
  • To resolve disputes in a non-adversarial and non-public manner. In this way, it is more conducive to maintaining the long-term economic and trade exchanges and interpersonal relations between the two parties, and helps to keep the personal privacy and business technology secrets of the parties.

Thus, ADR is an open and developing system with strong adaptability to novel civil disputes.…

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Dealing With Counterfeits On Brands

Many individuals are ignorant of the full magnitude of the damage that counterfeit goods do to brands. Counterfeiting has a number of negative effects. Suppose you’re in the business of selling something and a counterfeiter competes with you by offering customers a copy of your product at a lesser price.

Customers used to be able to tell the difference between real and phoney goods. Nevertheless, in the internet world, the distinction between the real and the fraudulent is blurred a bit. On the Internet, counterfeiters may be highly effective by copying designs and branding from legitimate businesses. They can also create fake product reviews and mix them with legitimate product ratings. The product images are sometimes taken from the business owner’s own photos, leaving the customer to assume what is real and what is not. Fake brandings in Malaysia are mostly shipped from China to sell online through websites like Shopee.

Anti-counterfeiting products are now serious competitors that may wreak havoc on a company’s financial flow if left unchecked. The fashion business alone loses around €26bn a year to counterfeiters, and this problem extends to a variety of industries.

Counterfeiting can also damage a company’s reputation. When a knock-off fails to perform properly, or comes apart too quickly, or doesn’t match their expectations, many buyers will blame the original company.

As we all know, word-of-mouth marketing is one of the most effective ways of advertising. This means that substandard copies of a product sent to these customers could lead to rumours that the real product is subpar.

Additionally, customers will post unfavourable reviews online, further consolidating this new reputation problem and reinforcing public perception that the real brand produces low-quality goods. On Amazon, a buyer can buy a knock-off from the official listing, then return to the same page to post a nasty review. So, the impact of these online reviews can really be felt.

Consequently, people search for a product, only to be disappointed when they discover that it is a fake. A refund or a new product is all they want for, and they go straight to the original manufacturer in order to get it. As a result, a number of organisations find themselves dealing with a frustrated client who complains about the poor quality of their goods, and the customer care agent doesn’t even realise that the product they’re talking about is counterfeit.

Returns are also a major burden for companies. As a result, they obtain faulty copies of their items, which have little to do with the things that they produce and for which they have not provided a warranty.

Anti-counterfeiters are a common concern for companies that have been targeted by them. Products, advertising and whatever else the corporation may have been pleased to invest in are put on hold while resources are diverted to attorneys and lawsuits to safeguard their intellectual property. A tidal flow of counterfeits offered on Amazon, eBay, and Alibaba forces legitimate enterprises to spend hundreds of thousands of dollars a year trying to stem the tide of counterfeits. Rather than guiding their organisations into the future, CEOs, innovators, and company founders must spend their time reacting to these infringements.…