BUSA 433 Lecture Notes - Lecture 4: Takers, Moodle

• School: McGill University
• Department: Management
• Course: BUSA 433
• Professor: Hodjat Khadjavi

Document Summary

The difference between negotiation and mediation is that there is a third party in mediation. When there is no more room for negotiation and a lot of hostility has built up, a solution can be to hire an expert and neutral third party. The person doesn"t have to have a background in law but it can be better. There is two types of approach to a conflict: A non-legal approach is an approach in which you don"t involve the legal institutions of a country: negotiation, mediation, conciliation, expert determination in that case the benchmark is not law but the consent of the two parties. A legal approach can be litigation (national court system) or arbitration (private justice system). That"s why in mediation the mediator doesn"t have any power to impose obligations on one of the side, since he is not part of the judicial system.