Management and Organizational Studies 2275A/B Chapter 4: Chapter 4.docx

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Alternative dispute resolution: a range of options for resolving disputes as an alternative to litigation. Negotiation: a process of deliberation and discussion intended to reach a mutually acceptable resolution to a dispute. Negotiation can be used to resolve virtually any type of dispute. However, there are some situations where negotiation is not the proper way to proceed, even as a first step, such as when insurance covers the risk that is the subject of the dispute. In such circumstances, the business is required to allow the insurer to conduct settlement negotiations. Negotiations are most often carried out by the parties to the dispute. However, in some cases it may be preferable to hire a lawyer, advocate, or counselor who has the expertise to help in the negotiations or who can negotiate on behalf of the parties. Regardless of who does the actual negotiating, the first step is to investigate the situation to determine the nature and extent of the dispute.

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