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Horizontal Separation of Powers
between the different branches of government
ADRS
American Depository Receipts
conflict vs dispute
a conflict exists whenever there are to or more points of views, comflicts are everywhere
and always present.
a dispute arises when one party makes a demand or claim about another party, and the
other party denies or ignores it.
Positional negotiation
Type of contract negotiation in which people lock themselves into positions and find it
difficult to move away, parties lose sight of the underlying problems to be resolved, and
emphasis is placed on winning the position.
ADRS types ranked Most to Least Expensive in terms of Time and Money
trail and appeal, forces groups, arbitration, mediation, negotiated settlement.
reasons to settle lawsuits
it is often the case that both parties to litigation are losers. The winning party in a lawsuit
is a loser to the extent to the attorneys fees. and the loser usually has to Pay court cost.
there is also personal reasons. business tend to settle disputes with costumers for two
reasons, not good business or goodwill and public relations standpoint
Arbitration terminology
submission of a dispute to an extrajudicial authority for decision
voluntary/contractual
a method of resolving a dispute, as an alternative to litigation, that the parties agree to
utilize. The agreement may be made before or after a dispute arises
Reasons for Arbitration
the primary reason for the use of arbitration is the laudable goal of providing a relatively
quick and inexpensive resolution of disputes. it not only helps the parties avoid the
expense of litigation but also provides a means of avoiding the formalities of the
courtroom. formal pleadings, for example, and other procedural steps such as discovery
and the rules of evidence are usually not used in an arbitration hearing.
Mediation
A method of settling disputes outside of court by using the services of a neutral third
party, called a mediator. The mediator acts as a communicating agent between the
parties and suggests ways in which the parties can resolve their dispute.
reasons for mediation
Save time
Save money
Avoid bad publicity
Avoid risk of discriminatory treatment in a foreign court
vertical seperation of powers