BUS 221 Chapter Notes - Chapter 2: Alternative Dispute Resolution, Formal Methods
1 Nov 2018
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Litigation: the process of resolving a dispute through the court system. Many business people turn to adr as a means of settling their disputes. Normally the parties can sit down together and try to dispute their issues. Ex: deciding if they will have a 3rd party mediator (neutral) A process in which parties try to settle their dispute informally with or without lawyers. The attorneys act as advocates and put their clients interests rst. A neutral 3rd party acts as a mediator and works with both sides in the dispute to facilitate a resolution. A mediator is not always a lawyer. During mediation the mediator will talk to parties separately and jointly to emphasize their points of agreement and contention. The mediator will propose a solution, however, they have no decision in resolving the matter. Formal method of adr, in which a natural 3rd party or panel of experts hears a dispute and imposes a resolution.
