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Published byKathlyn Morgan Modified over 8 years ago
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Settling Disputes
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Disadvantages to the Courtroom n There are three main disadvantages in going to court. –1. Court process is time consuming –2. Court process is expensive –3. Often causes extreme anger and feelings of bitterness
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Methods For Solving Disputes n Negotiation n Mediation n Arbitration
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Negotiation n People involved in a dispute discuss their problem and try to reach a solution acceptable to all n Three Phases: –preparation for negotiation –negotiation itself –post-negotiation
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Negotiation Cont. n During the three phases: –1. conflict identified clearly –1. separate demands from what you really want –2. work to find solutions (compromise) –3. discuss again if problem is not worked out n Very informal, try to reach a settlement, or agreement, before it goes to trial
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Mediation n Third person helps the disputing parties talk about their problem and settle their differences. n Mediators cannot impose a decision n Mediation is voluntary and non-binding
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Arbitration n Both parties to a dispute agree to have one or more persons listen to their arguments and make a decision for them. n Arbitrator - like judges, not as powerful –have authority to make the final decision n Common in contract and labor- management disputes and international law cases
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