Commercial Dispute Resolution Flashcards
What are the most common types of Dispute Resolution?
Negotiations, Arbitration, Mediation, Collaborative Practice and Concilliation
What is negotiation?
A process in which two or more individuals or groups, each with some capacity to influence the other, interact together with the goal of making joint decisions on issues, conflicts or problems affecting them
Seeking a mutually acceptable outcome though some form of communication, without independent assistance
What is mediation?
Mediation is a process which supports the self-determination of participants in which the participants, with the support of a mediator:
• communicate with each other, exchange information and seek understanding;
• identify, clarify and explore interests, issues and underlying needs;
• consider their alternatives;
• generate and evaluate options;
• negotiate with each other; and
• reach and make their own decisions.