CMN 4131 Study Guide - Midterm Guide: Alternative Dispute Resolution, Decision-Making, Best Alternative To A Negotiated Agreement

• School: University of Ottawa
• Department: Communication
• Course: CMN 4131
• Professor: Sherry Ferguson

Document Summary

Purposes: to reduce the delays and high costs (financial and emotional) commonly associated with adjudication. By adjudication, we mean formal legal process conducted by a judge or jury in a court of law. Decisions reached on point of law rather than moral right or wrong. Mediation: involves a third party and acts as a mediatory. Interest based facilitation: concerned with legal rights disputant but not adjocating (e. g grievance, concerned with interests of disputants (e. g. , mediation, conciliation, Negotiation: discussion between two parties with a view reaching agreement without assistance from a third party. Effort of two or more parties to reach agreement on some iddue. May be unassisted (parties may negotiate for themselves or someone else may represent them as in union-management cases) Mediation: voluntary process for settling disputes in which acceptable, impartial and neural third party, who has no authorities decision-making power. Arbitration: settling of a dispute by an impartial third party, often binding.