COMM231 Chapter Notes - Chapter 4: Alternative Dispute Resolution, Winklevoss Twins, Traffic Collision
13 Apr 2016
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How business aciviies can lead to disputes: polluion incident, motor vehicle accident, hacking atempt, bylaw changes, delinquent customers, equipment breakdown, dissaisied customers, damaged goods, problem employees. Is liigaion the only opion for resolving legal disputes: alternaive dispute resoluion (adr) a range of opions for resolving disputes as an alternaive to liigaion. Advantages of adr: may preserve conideniality, may preserve relaionship, can be less costly, can be less ime-consuming, each side can agree on an outcome it can live with , whereas in liigaion, only one side can win . The willingness of the paries to compromise and negoiate in good faith. The priority the paries give to it resoluion. The efeciveness of those involved in the negoiaions. Are there any situaions when negoiable is not advisable: if the loss is one for which there is insurance, the insurer should carry out the negoiaions or insurance coverage can be jeopardized.
