Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
15 Cards in this Set
- Front
- Back
|
A _____ is an unresolved request for additional compensation and/or schedule adjustment. |
claims |
|
|
A ______ arises when a claim of some kind is not accepted. |
Dispute |
|
|
______, in contrast, is long-term with deeply rooted issues that are seen as “non-negotiable”. |
Conflict |
|
|
“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses and waste of time.” |
Abraham Lincoln |
|
|
3 Basic Factors that Drive the Development of Disputes (CII) |
1. Opportunistic behavior 2. Imperfect contracts 3. high degree of uncertainty |
|
|
The three - Ps |
1. People 2. Project 3. Process |
|
|
3 Techniques of Dispute Prevention |
1. Partnering 2. Incentives for cooperation 3. Risk Allocation |
|
|
Involved parties negotiation at their level |
Direct Negotiations |
|
|
Elevating the dispute to the next management level in both organizations. |
Step Negotiations |
|
|
Attorneys from each side make summary presentations of their case to executives representing the disputing organizations. |
Minitrial |
|
|
The mediator facilitates negotiations between the parties but has no inherent power and can make no decisions that will bind the parties. |
Mediation |
|
|
An independent, mutually agreed upon neutra lexpert meets with both parties to obtain information and render a non-binding decision or prediction of the ultimate outcome |
Advisory Opinion |
|
|
Similar to minitrial. However, made of a panel of three or a single highly respected expert neutral who issues an advisory award or a prediction of the likely award if the case were submitted in a binding adjudication procedure. |
Advisory Arbitration |
|
|
The temporary judges or referees are normally retired judges and the parties involved may agree on a number of simplifying procedures. These together with the ability to by-pass the trial court calendar and expedite the process make the procedure attractive under certain conditions. |
Private Judge |
|
|
Full and formal procedure focused on settlement & final resolution. The findings of the arbitration panel or arbitrator are final and binding. |
Binding Arbitration |
