MCS 3040 Lecture Notes - Lecture 4: Alternative Dispute Resolution, Traffic Collision, Counterclaim

• School: University of Guelph
• Department: Marketing and Consumer Studies
• Course: MCS 3040
• Professor: Joseph Radocchia

Document Summary

Is litigation the only option for resolving legal disputes. Alternative dispute resolution (adr): a range of options for resolving disputes as an alternative to litigation. Each side can agree on an outcome it can live with, whereas litigation, only one side can win. Negotiation: a problem-solving process in which parties discuss their differences and attempt to reach a mutually agreeable resolution. Can be used to resolve virtually any type of dispute. If the loss is one for which there is insurance, the insurer should carry out the negotiations or insurance coverage can be jeopardized. Mediation: a neutral person, called a mediator, assists the parties in reaching a settlement of their dispute. Rather, they facilitate discussions that lead to the parties resolving the dispute voluntarily. Has a very high success rate, but each side must be ready to compromise. Is private and confidential if the parties choose. Helps to preserve the relationship between the parties.