Dispute Flashcards
1
Q
What are the common methods of dispute resolution?
A
- Negotiation
- Non-binary decision of third party
- Mediation
- Arbitration
- Litigation
2
Q
What is the role of consultant?
A
- Make findings regarding performance under contract
- Must be consistent with intent of contract
- Can show no partiality
3
Q
What is the role of consultant in regards to both parties?
A
- Either party can refer question, claim, and dispute
- Notices in writing
- Consultant provide written finding/decision
- Either party can disagree within 15days
4
Q
What is negotiation?
A
- For settlement that two parties agree on
- No third party
- Risk/cost/benefit analysis
- “without prejudice” meetings
5
Q
What are the pros of negotiation?
A
- Control over process/result
- Cheap and quick
6
Q
What are cons of negotiation?
A
- Voluntary
7
Q
What is non-binding third party decision?
A
- person w/ expertise
- refree (MMCD)
8
Q
What is mediation?
A
- Facilitated negotiation
Mediator:
- Faciliate communication between parties
- Assist to reach a resoultion, but not impose
- Not a judge or arbitrator
- Clarify issues and identify concerns
9
Q
What are pros of mediation?
A
- High chance of succes
- Cheap and quick
- Control over result
10
Q
What are the cons of mediation?
A
- Can expose weakness
- Non-binding
- Add to expense if unsuccessful
11
Q
What is arbitration?
A
- Decision made by third party
- Arbitrator hears case from the parties and make decision
- Usually used for labour/commercial dispute
12
Q
What are pros of arbitration?
A
- Cheap and quick for simple case
- Private
- Full costs are recoverable
13
Q
What are cons of arbitration?
A
- Abitrator’s fee
- Requires time
- Limited Appeal
14
Q
What is Litigation?
A
- Judge, not jury, in Canada
- Formal rules of court
- Settlement
15
Q
What are pros of litigation?
A
- Trained/free judge
- Only option to enforce rights
- Public
16
Q
What are cons of litigation?
A
- Can’t select judge
- $ and time
- Harms relationship
17
Q
What are the litigation steps?
A
- Pleadings
- Discovery
- Pre-trial disposition
- Trial
- Appeal
- Cost
