Legal Aspects of Marketing Via Social Media Term Paper

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Social Media in Marketing

The four components of a legally astute social media-marketing manager

In this paper, I will look at Facebook as the leading social networking site. The four components of a legally astute manager include the knowledge, judgment, proactive and the attitudinal component (Bagley, 2006). A legally perceptive manager must acknowledge the importance of law to company success and accept responsibility for being in charge of legal factors of the business. In addition, they recognize the need to fulfill the societal expectations and meet the ethical considerations. From the proactive perspective, this manager brings counsel in the cycle of decision-making. Because they are proactive, they do not wait for last minute rush to finalize deals. A social media manager must be well educated about these four characteristics. Nowadays, more firms are using the social media platform for purposes of marketing. Further, a company might fall behind if it does not. Therefore, the manager must be well informed about the legal components of social media because it is a new mode of establishing relationships with customers (Bagley, 2006).

2. Methods of alternative dispute resolution

Alternative dispute resolution refers to the approaches of settling disputes outside the court. Usually, businesses and consumers (B2C) use these methods to solve disputes that arise from economic transactions, especially in e-commerce. They include mediation, negotiation, and arbitration where parties communicate through the internet (Evarts, 1983). Negotiation brings the two parties involved in solving the conflict. The parties control the settlement process to find a solution. In mediation, there is a mediator who assists the parties solve the dispute.

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Mediation is influenced by the dedication of the affected parties in resolving the problems between them. The mediator controls the process, with the aim of imposing a decision on them. This method demands that the involved parties sign a settlement agreement and decide on the mode of settlement. Mediation is used in settling most disputes. This method enables parties to decide the control process.

Consequently, affected parties are able to conform to their original agreements through mediation. This is the cheapest approach because it is less time consuming and there are no delays. In arbitration, the parties appoint an arbitrator who listens to arguments from both sides and imposes a final decision that is implemented by the court. In this case, the parties must accept the process before the dispute. Unlike the formal court proceedings, here, the proceedings are informal. Mediation has proven to be most effective in settling disputes between customers and businesses serving online because both parties find a solution by voluntarily participating in the process of mediation (Evarts, 1983). Mediation makes sure that companies and customers conform to the agreement attained after signing the settlement agreement. This is contrary arbitration where a decision is imposed by the arbitrator and enforced by the court. It makes it hard for the affected parties to comply and participate in the process willingly.

3. Determine how the federal government can control the transactions.

Consumer transactions on social media happen across state borders, and the government must be able to regulate these transactions. The federal government can create laws controlling online consumer transactions.....

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