CMN 4131 Lecture Notes - Lecture 1: Alternative Dispute Resolution, Best Alternative To A Negotiated Agreement
2 Apr 2017
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Need someone else to solve problem, so they would suggest to split the orange in half despite differences and specific situations. One person wants to make juice and only needs the inside, whereas the other person only wants to make pie and needs the rind. Therefore, if they had an opportunity to talk, then they would realise that one person only wants the inside and the other only needs the outside. A facilitator or good mediator will determine the reason of the needs. To reduce the delays and high costs (financial and emotional) commonly associated with adjudication. By adjudication, we mean formal legal process conducted by judge or jury in a court of law. Decisions reached on points of law rather than moral right or wrong. Rights based: concerned with legal rights of disputants but not adjudicated (grievance hearings, arbitrations, mini-trials) Interest based: concerned with interests of disputants (mediation, conciliation, facilitation)
