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Published byMercy Lynch Modified over 8 years ago
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Alternative Dispute Resolution A way to settle disagreements other than using a lawyer and going to court Ne gotiation A process whereby both parties communicate to reach a mutually acceptable agreement For example: You hit someone's car in the parking lot and you both decide that you will pay for the other person's repairs as long as they get three different quotes from mechanics and choose the cheapest one.
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Mediation A process in which a neutral third party (a mediator) intervenes to bring opposing parties to an agreement Example: You and your neighbour are disagreeing over who has to pay the repairs on a mutual fence that divides both your properties. Instead of taking it to court, a mediator is assigned to your case and sits down with both of you to work out a fair agreement. The mediator cannot force you to settle the dispute or accept a solution. If things don't work out you may still go to court.
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Arbitration A process in which a neutral third party hears both sides of the dispute and makes a binding decision For example: Often used in labour disputes between unions and companies. The arbitrator is legislated and their decision is usually binding. They are usually experts in their field of law and in the industry.
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1. Sarah and Shelley went to SuperSonic, an electronics store, to purchase a DVD player. As they were leaving the store, Shelley tripped on the corner of the carpet that had not been properly secured, and she fractured her ankle. Because Shelley was unable to work as a snowboard instructor during peak season, she lost income for six weeks. 2. Mr. and Mrs. Graham are divorced. Mr. Graham has custody of their three children. Because his job requires that he stay out of town overnight during the week, he has to hire a live-in caretaker. Mrs. Graham had agreed to share this expense as part of her support payments. Mrs. Graham has since stopped making her support payments to Mr. Graham. 3. Mandy had contracted with Big Top Roofers to replace the roof of her 30-year-old house. After she paid for the job, she discovered that the quality of the singles used was inferior to the quality specified in the contract. In groups of three choose one of the situations. Choose one person to be the plaintiff and one person to be the defendant. The third person will be the mediator. Try to resolve this issue so that it is mutually acceptable and you do not have to go to court.
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