Management and Organizational Studies 2275A/B Chapter Notes - Chapter 4: Alternative Dispute Resolution, Arbitration Award, Small Claims Court

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Philip King

Document Summary

Negotiation problem-solving process in which parties discuss differences and attempt to reach a mutually agreeable solution. Most common b/c cost effective, quick, confidential, and preserves relationship. Can be employed at any stage of a dispute (ex. halfway through a trial) Not always appropriate (ex. if covered by insurance -> but may not be confidential) Often carried out by parties to the dispute (sometimes lawyers/advocate) First step to investigate situation and determine nature/extent of dispute. Not governed by technical rules, can operate in any why the parties choose. If successful, often under into settlement agreement or release so that dispute can"t be litigated in the future or a confidentiality clause. An apology may equal an admission of liability (void insurance policy or encourage lawsuit) 95% of ontario civil matters are settled before court. Mediation when a neutral third party helps the parties resolve their dispute. Less expensive, faster, can be confidential, preserves relationship, compromise.