Management and Organizational Studies 2275A/B Chapter Notes - Chapter 4: Counterclaim, Costs In English Law, Alternative Dispute Resolution

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

Document Summary

Alternative dispute resolution: range of options for resolving disputes as an alternative to litigation. Negotiation: deliberation and discussion to reach a mutually accepted resolution to a dispute (most common: succeeding depends on: Willingness to compromise and negotiate in good faith. Priority of the parties give to its resolution. Effectiveness of those involved in the negotiations. Mediation: reach a decision based on help of a neutral party: mediator: a person who helps parties resolve their dispute, popular for resolving because: Cheaper and quicker than other disputing methods. Private and confidential if the parties choose. Result in resolution tailored to needs of the party. Arbitration: a process where a neutral person resolves a dispute (when mediation fails: arbitrator: person who listens to the parties to a dispute and makes a ruling that is usually binding on the parties. Similar to litigation: the arbitration award, unless overturned in binding. One party brings legal action against another.