Chapter 5

Chapter 5 - Legal Studies Chapter 5 Negotiation and ADR...

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Legal Studies Chapter 5 02/04/09 Negotiation and ADR Conflict - exists whenever there are two or more points of view Dispute - arises when one party makes a claim that another party denies Negotiation - the process used to persuade or coerce someone to do what you want them to do Positional Bargaining - A method of negotiation that focuses on the parties exchanging offers, with concessions being made so that parties find a middle ground Principled, interest-based negotiations - are the seven elements that should become the focus of the negotiator. 1) Communication, 2) Relationship, 3) Interests, 4) Options, 5) Legitimacy, 6) Alternatives, 7) Commitment Alternative Dispute Resolution (ADR) Focus groups - attorneys frequently used these in significant cases. They get together a group of citizens and see how they would judge the trial if they were the jury. Gives attorneys insight into possible jury reaction to the evidence and point out weaknesses in the case. These “reality tests” can help the parties negotiate their dispute without going through a trial or arbitration Arbitration -Submission of a dispute to an extrajudicial authority for decision Arbitrator - in essence takes the place of the jury and judge in the litigation process Historically arbitration has been the most commonly used ADR system The number or arbitrators is based on the agreement of the parties (usually 3) Advantages of Arbitration… 1) Quick and inexpensive 2) Avoid formalities of courtroom 3) Can submit many disputes to experts for solutions Arbitration is a means for industrial self-government, a system of private law for all problems that may arise in the workplace 1
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This note was uploaded on 04/02/2011 for the course LEGL 2700 taught by Professor Reed during the Fall '07 term at UGA.

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Chapter 5 - Legal Studies Chapter 5 Negotiation and ADR...

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