Management and Organizational Studies 2275A/B Lecture Notes - Lecture 2: Arbitration Clause, Counterclaim, Consumer Protection

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Cristin Keller

Document Summary

The litigation process should be the last resort for resolving most disputes. How business activities can lead to disputes: pollution incident, bylaw changes, problem employees, dissatisfied customers, damaged goods, equipment breakdown. 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. Adr broad name for mediation, arbitration and litigation. Advantages of adr: may preserve confidentiality. You can structure a settlement that allows people to get a little of what they want (adr allows you to craft a solution that can be mutually beneficial) For example, we know that many lawsuits are settled just before they go to court, or even during or after a trial. Cons of an apology in face of legal dispute: in some provinces there is no or incomplete apology legislation and thus the apology may be taken as an admission of liability or may jeopardize insurance coverage.