Battle Of The Techs

Every year mediation becomes a more popular form of resolving differences. ADR has three main different processes that can be used instead of litigation. None of the processes that ADR offers have the stipulation that restricts litigation. ADR could be looked at as stepping stones that are designed to filter out differences before the lengthy, expensive process of litigation. The first of these steps is negotiation. Negotiation is a process of negotiating to try and satisfy each party with no binding force. Mediation, as the second step, adds a third party to act as the referee and a source of reason. Mediators can have a wide range of qualifications. A mediator should have a neutral view on the subject as to prevent a conflict of interest. The third stepping stone is arbitration. Arbitration differs from the first two steps because it is binding. Generally arbitration hearings have a panel of three arbiters, thus providing a wider view point from a bias free median.

Oracle vs. SAP

In the case Oracle vs. SAP, Oracle is alleging that SAP has been accessing unauthorized documentation through a subsidiary company by the name of TomorrowNow. Both parties in these allegations have agreed that they should proceed to a jury trial, but they have a disagreement on how to proceed to trial. SAP has stated they would like to start with mediation within the next few months. They seem to be anxious to move forward to a settlement. They want to limit the investigation and stop the process of combing through details, possibly in fear that incriminating evidence may be uncovered. "Oracle, on the other hand, is seeking the court's approval for an in-depth discovery process leading up to a 2009 trial. Oracle's extended timeline is based on the claim that the scope of SAP's crimes far surpasses the amended complaint that SAP knowingly hacked into Oracle's systems to steal confidential product documentation"(Ferguson 2007).

Self Incrimination

According to Oracle, the security breach lasted a few months, but according to SAP's public address, the security breach has gone on for many years. In their defense, SAP claims that TomorrowNow has had the right to download information. Recently, Oracle has added the accusation of copyright infringement and hacking to the charges against SAP. Oracle filed an amendment for copyright infringement and illegal hacking with the federal District Court in San Francisco, California (Seewald & D'amico, 2007). When SAP had addressed the subject they had the stance that they did not really understand what the big deal is. They feel it would be good for the dispute to go to ADR first so Oracle can identify what harm has come to their company due to the alleged damage. They also feel that a long drawn out process would get the same results but at a much longer and more expensive process.

Back Fire

One element that Oracle needs to be careful of is saying too much. It seems Oracle has the reputation of picking fights. Mediation may be a good way