StudentNOTESChapter3RESOLUTI - Business 18 Introduction to...

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Business 18: Introduction to Business Law (S.Spencer) CHAPTER THREE: THE RESOLUTION OF PRIVATE DISPUTES As you know, the “Nature of Law” has several components: Product – Legal Rules to be followed (Types of law: const, statutes, treaties, etc.) Process – Legal System in place (Federal, State, Admin. Agencies, court hierarchy) Practice/Application – What actually happens (Schools of thought, Legal reason’g) Today (chapter 3), WILL Focus on the Process Q: How are Private Disputes resolved? A: Trials are the most visible & familiar vehicle for dispute settlement, however, most are (and should be) settled by negotiation. Q: When negotiations fail, should one proceed immediately to the court system? If not, what alternatives are available? TODAY: Alternative Dispute Resolution Methods Page 1 of 7
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(S.Spencer) ALTERNATIVE DISPUTE RESOLUTION Advantages over Trials Quicker resolution of dispute Cheaper (lower cost in time , money & aggravation ) Less complicated procedurally Reduces strain on an already overloaded court system Receives less publicity Use of decision makers with expertise More readily adapts to “compromise solutions” Facilitates a continuation of business between parties after settlement Potential Disadvantages Sloppy, biased or lawless decisions “second class” justice for ordinary people COMMON FORMS OF ADR Mediation Arbitration Court Annexed Arbitration Mini-Trial Summary Jury Trial Other: Ombudsperson Private Panels Some formal legal procedures Early Neutral Evaluation Private Judging Mediation Facilitated by a neutral 3 rd party “Mediator” Role of Mediator : Help parties reach resolution Help parties see each others viewpoint Suggest settlement options If successful, can result in a “mediation agreement” governed by contract law If unsuccessful, may be followed by Arbitration or court action . Used in a variety of situations
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StudentNOTESChapter3RESOLUTI - Business 18 Introduction to...

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