Chapter 4 - Dispute Resolution

Question 1

A problem solving process in which parties discuss their differences and attempt to reach a mutually agreeable resolution. Lawyers can be of assistance. Not advisable if there is Insurance

Answer 1

Negotiation

Question 2

A neutral person assists the parties in reaching a settlement. This can be used for most disputes. Parties choose the person helping them. Popular because they are cheaper, private and confidential if the parties choose. Helps preserve relationships between the parties.

Answer 2

Mediation

Question 3

A third person appointed by the parties makes a decision. Similar to litigation where there is usually a hearing where the parties or their representatives make submissions and the decision is out of the parties hands.

Answer 3

Arbitration

Question 4

Arises when one party bring legal action against another. Should be last resort when other methods have failed.

Answer 4

Litigation

Question 5

The party that brings a lawsuit against a party.

Answer 5

Plaintiff

Question 6

The party being sued

Answer 6

Defendant

Question 7

The time period specified by the legislation for commencing legal action. Vary widely depending on the nature of the lawsuit and province. The right to sue is lost after the applicable period of time.

Answer 7

Limitation Periods

Question 8

1) pleadings - each side files formal documents setting out their claims and defences
2) discovery - each side shares its evidence and cross-examines the other to gain evidence
3) Trial and Decision - Costs will be normally paid for by the loser
4) enforcement - Winner can collect judgment by using seizure and garnishment procedures

Answer 8

Stages of a Lawsuit

Question 9

When lawyers get paid based on a percentage of the outcome.

Answer 9

Contingency Fee

Question 10

5 Steps:
No problem
Negotiation
Mediation
Arbitration
Litigation

Answer 10

ADR - Alternate Dispute Resolution