Conciliation & Negotiation Flashcards
What is an advantage of negotiation?
completely private, it is the cheapest and quickest method of settling a dispute
What is a potential disadvantage of negotiation?
If lawyers get involved there will be a cost element, the longer the negotiation goes on, the higher the costs will be
What do judges in civil courts now do to encourage the use of ADR?
the judges in the civil courts can ask the parties to consider using an alternative dispute method
What is conciliation?
Conciliation is similar to mediation in that a neutral third party helps to resolve the dispute but a conciliator will usually play a more active role
What will a conciliator be expected to do?
they will be expected to suggest grounds for compromise and the possible basis for a settlement
What organisation is used for the conciliation of industrial disputes?
Advisory Conciliation and Arbitration Service (ACAS)
What does the Advisory Conciliation and Arbitration Service (ACAS) do for industrial disputes?
can give impartial opinion on the legal position
How does conciliation and mediation compare?
Both do not necessarily lead to a resolution , it may be necessary to continue to court again
What does the high number of cases settled out of court suggest?
that even once proceedings have commenced, the lawyers for the parties will often continue to negotiate on behalf of their clients
What is BATNA?
Best alternative to a negotiated agreement
Describe the objectives of the BATNA model of negotiation
is the most advantageous alternative course of action a party can take if negotiations fail and an agreement cannot be reached.
3 Models of conflict
Approach/approach- options are equally attractive but exclusive
Approach/avoidance- the object of desire should be avoided
Avoidance/avoidance- all alternatives are disliked
