Management and Organizational Studies 2275A/B Chapter Notes - Chapter 4: Garnishment, Liquidated Damages, Canadian Business

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Introduction: this chapter explores how business activities may lead to legal disputes and the range of options for resolving those disputes. It examines the litigation process while emphasizing that litigation should be a last resort for resolving most disputes: the express goals of managing dispute, avoiding time-consuming and expensive litigation, preserving desirable long-term commercial relationships. Alternative dispute resolution: the chapter presents the options for resolving disputes with the focus on resolution as quickly and cheaply as possible. Adr option - negotiation: this is the point at which to introduce the negotiation process. Emphasize its importance and usefulness at all stages of a dispute. It is a non-legal, unstructured process which is used to resolve the vast majority of legal disputes at some stage of their development. Even if negotiation does not work to prevent a dispute from escalating or proceeding to some other process, it may ultimately be the method of resolution.

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