Textbook Chapter 4.docx

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Department
Management and Organizational Studies
Course
Management and Organizational Studies 2275A/B
Professor
Philip King
Semester
Fall

Description
Chapter 4 – Dispute Resolution Alternative Dispute Resolution (options other than Litigation 诉讼)  Negotiation  Define: a process of deliberation 研究 and discussion intended to reach a mutually acceptable resolution to a dispute  Advantages: Cost effective, quick, helps to preserve the relationship  When to Negotiate:  Resolve any cases at any stage of a dispute  How to Negotiate:  The person responsible should contact the other side to clarify the situation  No exact format about the process  Manitoba “Apology Legislation” – permit an individual to show remorse without triggering adverse legal consequences  How Negotiation end  Reach a settlement – enter into a settle agreement or release so that the dispute cannot be resurrected or litigated in the future  Failure to achieve a settlement 1) sue the other party – litigation 2) mediation or arbitration  Mediation  Define: a mediator assists the parties in reaching a settlement of their dispute  When Mediation is Used  Voluntarily & Imposed (early in the litigation)  How Mediation Works rd  Mediator – Neutral 3 party, like lawyers or retired judges  Voluntary: The ADR Institute of Canada maintains a national roster of mediators. Once the mediator has been chosen, the mediation will happen face to face or online  The mediator does not make or impose a solution on the parties  Mandated: the parties may choose a mediator, but if they are unable to agree, a mediator will be assigned to them from a roster of mediators  When Mediation Ends  can be used even after litigation has begun  successful mediation – settlement agreement  Ontario & Nova Scotia: allows mediation results to register their agreement and have it enforced like a court judgment  Arbitration  Define: resolving a dispute whereby a third person, arbitrator, appointed by the parties makes a decision  The parties choose the rules for conducting the arbitration  Degree of formality  Privacy  Finality of the decision  Timing  Arbitrator  Advantages: choose a decision maker, cheaper, faster  WhenArbitration is Used  Theoretically capable of resolving any dispute – particularly well for commercial and business disputes  Arbitration Cause – must go to arbitration when problem arises  Alberta, Quebec, Ontario – cannot form a arbitration clauses in consumer contract  Can be adopted at any point in a dispute if the parties agree  HowArbitration is Used  The parties decide the arbitrator and their rules for conducting the arbitration - how the hearing is conducted, how evidence can be presented, etc  HowArbitration Ends  Arbitrator renders a decision at the end of the arbitration, the finality of the decision depends on the agreement (Right of Appeal; No right of Appeal) submitted to the arbitration  The arbitration decision is binding, enforceable by the courts The Litigation Process  Terminology  Plaintiff – the party that initiates a lawsuit against another party  Defendant – the party being sued  Limitation period  Depends on the nature of the lawsuit and the province in which the litigation occur  Alberta – general is 2 years; ultimate is 10 years  Ontario & New Brunswick – general is 2 years; ultimate is 15 years  Nova Scotia – permit actions to proceed after the limitation has expired; reasonable explanation for delay is required  General Rule: the right to sue is lost after the applicable period of time end  Stages of a Lawsuit st 1 Pleadings - The plaintiff initiates the action by preparing a document that contains
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