Question

Sally and Kirk are at odds over the details of a business contract. Neither of them wants to go to court, but they both refuse to make a compromise on the terms they expect from one another. Which of the following would most easily force them to a resolution?

a) Legally-binding mediation
b) Non-binding arbitration
c) Negotiation
d) Legally-binding arbitration

Answer 1

Legally-binding arbitration would most easily force Sally and Kirk to a resolution.

Step-by-step explanation:

The option that would most easily force Sally and Kirk to a resolution is d) legally binding arbitration.

Legally-binding arbitration is a process where both parties agree to present their case to a neutral arbitrator, who then makes a binding decision. This means that Sally and Kirk would be legally obligated to accept the arbitrator's decision, which would force them to reach a resolution.

In the case of non-binding arbitration (option b), the arbitrator's decision is not legally enforceable, so Sally and Kirk could still refuse to compromise. Negotiation (option c) involves direct communication between the parties, but since Sally and Kirk refuse to make a compromise, it is unlikely to lead to a resolution. Legally-binding mediation (option a) is a process where a mediator helps parties reach a resolution, but since Sally and Kirk refuse to compromise, mediation may not be effective in this case.