CMN 4131 Lecture Notes - Lecture 1: Best Alternative To A Negotiated Agreement, Alternative Dispute Resolution
26 Jan 2018
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Document Summary
To reduce the delays and high costs (financial and emotional) commonly associated with adjudication. By adjudication, we mean formal legal process conducted by a judge or jury in a court of law. Decisions reached on points of law rather than right or wrong. Concerned with legal rights of disputants but not adjudicated (e. g. grievance hearings, arbitrations, mini-trials, etc. ) Concerned with interests of disputants (e. g. mediation, conciliation, facilitation) Discussion between two parties with a view to reaching agreement without assistance from a third party. Voluntary process for settling disputes in which acceptable, impartial and neutral third party, who has no authoritative decision-making power, helps disputing parties reach mutually agreeable solution. Settling of a dispute by an impartial third party, often binding. Neutral third party, with no decision-making power, acts as go-between with disputing parties to arrive at resolution to dispute. Process of helping or guiding group to have a conversation, come to agreement, or plan for the future.
