LY100 Lecture Notes - Lecture 9: Social Change, Justiciability, Class Action
Document Summary
2 chapters, lecture notes, new times could be on it, 60 question, more detail especially legal cases. Chapter 5: identify the three stages of the disputing practices. Parties to a conflict determine the outcome themselves by negotiations, doesn"t preclude that a third determines the party as a mediator might assist their negotiation: distinguish between negotiation, mediation, adjudication. Negotiations- takes place when disputants seek to resolve their disagreement without the help of the neutral party. No third party, just me and you. Mediation- interposes a disinterested and non- coercive third party the mediator between the disputants. Adjudication: describe 3 examples of hybrid resolution process. Rent-a-judge: form of arbitration- higher retain judge to help you- save money and time. Med-arb: issue not solved by mediation are submitted to arbitration. Justiciability- conflict is visible to trial and courts. Justiciability- the courts must be mandated to provide a remedy.