CRM/LAW C101 Lecture Notes - Lecture 9: Alternative Dispute Resolution, Settlement Conference, Communication Problems
24 Oct 2016
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Document Summary
Public values and the privatization of law. According to felstiner (as quoted by sander), one of the most common ways to deal with conflict and handling controversy is: Facilitation (something that includes mediation for particular types of disputes) Settlement conference (may happen as a prelude to a litigation process) Private and by the parties i. e. , you and i negotiating over something. Private and imposed by a third party i. e. , there is a neutral party. Consensual vs. mandatory: voluntary or compelled by a court (mandated) or a contract. Parties at the center vs. representatives at the center: performed with the parties in control at the center or third parties represent the interest or on behalf of the parties in this type of private situation. Resolving disagreements through discussions, the presentation of facts, reasoned arguments, appeals to emotion, and empathy. By the parties or by a third party.
