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BUL 4421 - Chapter 4 Exam Questions and Answers 100% Solved | Graded A+

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BUL 4421 - Chapter 4 Exam Questions and Answers 100% Solved | Graded A+ Alternative Dispute Resolution - The resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private tr...

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  • December 21, 2024
  • 10
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • BUL 4421
  • BUL 4421
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BUL 4421 - Chapter 4 Exam Questions

and Answers 100% Solved | Graded A+


Alternative Dispute Resolution - ✔✔The resolution of legal disputes through

methods other than litigation, such as negotiation, mediation, arbitration,

summary jury trials, minitrials, neutral case evaluations, and private trials.



Organizations often use ADR to resolve disputes involving contracts,

insurance, labor, the environment, securities, technology, and international

trade.

Why might a business prefer to resolve a dispute through Alternative

Dispute Resolution (ADR) rather than litigation? - ✔✔First, ADR methods

are generally faster and

cheaper than litigation. Accordingly, the National Arbitration Forum, the

average time from filing a complaint to receiving judgment through litigation

is 25 months.



Because ADR is faster, it is usually cheaper.


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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

, Secondly, a business may wish to avoid the uncertainty associated with a

jury decision.



Third, a business may wish to avoid setting a precedent through a court

decision. Many business prefer ADR because of its confidential nature.



Fourth, because many forms of ADR are less adversarial than litigation, the

parties are able to preserve a business relationship.

Negotiation - ✔✔A bargaining process in which disputing parties interact

informally, either with or without lawyers, to attempt to resolve their dispute.



A neutral third party, such as a judge or jury, is not involved.

Adversarial negotiation - ✔✔A party can enter negotiations with one of two

approaches: adversarial or problem solving.



Each party seeks to maximize its own gain

Problem-solving negotiation - ✔✔The parties seek joint gain.




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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

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