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16 Cards in this Set
- Front
- Back
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Prime Reasons NOT to go into court:
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1. Cost
2. Uncertainty of Outcome 3. Time |
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Styles of Negotiation:
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1. Communication
2. Relationship 3. Interests 4. Options 5. Legitimacy 6. Alternatives 7. Commitment |
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Alternative Dispute Resolution (flow):
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1. Negotiation
2. Mediation 3. Arbitration 4. Private Trials (Focus Groups) 5. Litigation |
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Advantages of Mediation:
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1. Parties retain control over resolution
2. Retain control over time and effort 3. May stop mediation at any time and engage in litigation |
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Disadvantages of Mediation:
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1. Party may comply just by showing up
2. No ensuring its conducted in good faith 3. Agreeing on Mediator may be difficult 4. Requirements of mediators are not universal |
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CONFLICT
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when 2 or more points of view exist
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DISPUTE
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when a party to a conflict makes a claim or demand that the other party denies or refuses (conflict that escalates)
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NEGOTIATION
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the process of persuading or coercing someone to do or stop doing something
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POSITIONAL BARGAINING
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method of negotiation that focuses on the parties exchanging offers, with concessions being made so that parties find a middle ground; “haggling”
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PRINCIPLED (INTEREST-BASED) NEGOTIATION
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method of negotiation that focuses on the parties’ interests as opposed to positions
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PRIVATE TRIAL
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parties agree to have issue tried before retired judge or assembled group of citizens; gives indication of how a trial will go
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ARBITRATION
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uses a 3rd party who should be disinterested; Arbitrator will have authority to impose a binding decision upon parties; irrevocable; Arbitrator replaces judge and jury
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MEDIATION
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if parties are deadlocked after negotiation, 3rd party is brought in to facilitate; Mediator assists parties in finding a resolution to the dispute; DO NOT impose a binding solution as an arbitrator does; (divorce and child custody have court ordered mediation)
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NEGOTIATION
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direct between parties, compromise and concession, both sides lay out their positions and go from there; Flexible; Least expensive
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Sidebar 5.2
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M&N PC manufacturer v. Bill’s Discount Store
-Bill’s has a contract to sell computers at the store -Gets complaints about the computers -Wants to cancel the contract with M&N DISPUTE |
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Greentree Financial v. Randolph
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-shows strength standing arbitration has in the judicial system
-contract contained arbitration clause with no mention of arbitration cost |
