Management and Organizational Studies 2275A/B Chapter Notes - Chapter 4: Alternative Dispute Resolution, Formal Methods, Judgment Debtor

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

Document Summary

Alternative dispute resolution: managing disputes does not mean simply proceeding to court, there are many ways to resolve a dispute that do not involve litigation. When to negotiate: can be used to resolve any type of dispute, a provision in the contract may require the parties to attempt negotiation. I. e. when insurance covers the risk that is the subject of the dispute. In these situations, the business must allow the insurer to conduct settlement negotiations: any attempt by the business to negotiate privately may jeopardize the coverage. How to negotiate: most often carried out by the parties to the dispute. If negotiations are successful and the parties reach a settlement, it is usual for them to enter into a settlement agreement or release so that dispute is unlikely to be resurrected in the future. Ontario has a mandatory mediation program that requires many civil cases to be referred to mediation before trial can be scheduled.