Chapter 4 Flashcards
What is a Negotiation?
A process of deliberation and discussion intended to reach a mutually acceptable resolution to a dispute, Its quick, cheap, private, and controllable(preserves relationship)
When do you Negotiate?
By consent or contract, can be employed at any stage of a dispute
How do you Negotiate?
Carried out by parties to the dispute, however the parties which to solve their problem
When does the Negotiation end?
When parties reach settlement or reach an impasse: either concede and cut its losses or risk expenditures of more time&money. Disadv: requires an agreement
Who is a Mediator?
A neutral person who helps parties resolve a dispute
How is Mediation used?
In family disputes(divorce), or to settle commercial disputes, Adv: its quick, cheaper than arbitration and lit, preserves relationship,
How does Mediation work?
Mediator don’t impose solutions, they are often lawyers or retired judges
How does Mediation end?
Success rate is 80%, normally will enter a settlement
Who is an Arbitrator?
A third party is appointed to make a decision
What is an Arbitration?
A hearing where parties make submissions and resolution is out of their control, its cheaper and faster than a litigation, can be private
How is Arbitration used?
Capable of resolving any dispute and its by consent or contract
How does Arbitration work?
Arbitrator makes a decision after submissions
How does Arbitration end?
Usually binding decision, with a low chance of appeal, Disadv: can be slow, expensive, may destroy relationship
What is a Litigation?
When plaintiff sues the defendant, should only be used if other methods have failed, Adv: no agreement to proceed, has a final decision. Disadv: slow, stressful, expensive, destroys relationship
What is a Litigation Period?
Time period specified by legislation for commencing legal action
What are Pleadings? (stages of a lawsuit)
Exchange of formal documents concerning the basis for a lawsuit, doesn’t include evidence but outlines key points to prove at trail, defendant has 20 days to respond
What is a Claim?
Formal Document that initiates litigation by setting out the plaintiff’s allegations against defendant
What is the Defence?
Defendant’s formal response to the plaintiff’s allegations
What is a Counterclaim?
Claim by the defendant against the plaintiff
What is the Discovery? (stages of a lawsuit)
Process of disclosing evidence to support the claims in a lawsuit, usually in documents/oral testimonies
What is the Trial and Decision? (stages of a lawsuit)
A formal hearing before a judge that results in a binding decision, any monetary reward includes the basic amount of the claim plus interest and legal costs of the successful party
What is a Burden of Proof Falls on Plaintiff
They must formally introduce evidence
What is a Decision?
Judgement of the court that specifies which party wins and why
What is Enforcement? (stages of a lawsuit)
Winner must enforce the judgement with the assistance of the court, they recover the judgement, judgement is valid for a long period
Who are the Judgement Debtor?
Party ordered by the court to pay a specific amount to the winner
What are Appeals?
Process of arguing to a higher court that a court decision is wrong, with at least 3 judges
Who are Appeallants?
Party who begins or files an appeal
Who are Respondents?
Person who makes written/oral submissions
