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Chap005

The Legal and Regulatory Environment of Business

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Chapter 05 - Negotiation and Alternative Dispute Resolution Systems CHAPTER 5 NEGOTIATION AND ALTERNATIVE DISPUTE RESOLUTION SYSTEMS I. LEARNING OBJECTIVES The purpose of this chapter is to acquaint the students with alternatives to litigation with special emphasis on conflicts, disputes, and the methods of negotiation. This chapter emphasizes the importance of ADR's to the business community. The chapter creates an awareness of finality of arbitration and the difficulty of challenging the decision of the arbitrator. Special attention is paid to the Federal Arbitration Act which covers all agreements to arbitrate when the subject matter involves interstate commerce. An awareness of the trend toward compulsory ADR mechanisms for certain disputes is created. The presentation of the advantages, disadvantages, and procedures of mediation allow students to understand why this form of ADR is growing in popularity among businesses. II. REFERENCES Bennett, S.C., Arbitration: Essential Elements . ALM Publishers (2002). Constantino, C.A. and C.S. Merchant, Designing Conflict Management Systems: A Guide to Creating Productive and Healthy Organizations . Jossey-Bass (1996). Fisher, R., W. Ury, and B. Patton, Getting to Yes: Negotiating Agreement Without Giving In , 2nd edition. Penguin Books (1991). Krivis, J., Improvisational Negotiation: A Mediator’s Stories of Conflict about Love, Money, Anger – and the Strategies that Resolved Them . Jossey-Bass (2006). Lax, D.A. and J.K. Sebenius, The Manager as Negotiator . Free Press (1986). Lewicki, Roy J., D. Sanders, and B. Barry, Negotiation , 5th edition. McGraw-Hill/Irwin (2006). Lipsky, D.B., R. Seeber, and R. Fincher, Emerging Systems for Managing Workplace Conflict . Jossey-Bass (2003). McCorkle, S., Mediation Theory and Practice . Pearson/Allyn and Bacon (2005). Moore, Christopher W., The Mediation Process: Practical Strategies for Resolving Conflict , 3rd edition. Jossey-Bass (2003). 5-1
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Chapter 05 - Negotiation and Alternative Dispute Resolution Systems Shell, G.R., Bargaining for Advantages: Negotiation Strategies for Reasonable People . Penguin Books (1999). Thompson, L.L., Negotiation Theory and Research . Psychology Press (2006). Yarn, D.H., Dictionary of Conflict Resolution . Jossey-Bass (1999). III. TEACHING OUTLINE CONFLICTS AND NEGOTIATION 1. Conflicts and Disputes A. Emphasize : (1) Conflicts are not necessarily negative and can help businesses be more productive. (2) Disputes grow out of conflicts and need to be effectively managed so that resolution is possible. (3) The Business Decision Revisited at the end of this section. B. Additional Matters for Discussion (1) Ask your students to recall conflicts and disputes that arose in their professional or personal lives. (2) Have students share these experiences and how they managed the conflicts or resolved the disputes. This may be done in small groups or with the entire class.
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