Unti 3: Settling Disputes Flashcards

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1
Q

What are the advantages to settling disputes outside of court?

A

Save money, time, and relationships.

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2
Q

Negotiation

A

The process by which people involved in a dispute talk to each other about their problems and try to reach a solution.

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3
Q

Process of Negotiation

A
  • Preparation
  • Determine alternatives and resistant point, info exchange
  • Bargaining
  • Resolution (Interest, Alternatives, BATNA, WATNA)
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4
Q

BATNA & WATNA

A

BATNA: Best Alternative to a Negotiated Agreement)
WATNA: Worst Alternative to a Negotiated Agreement)

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5
Q

Settlement

A

An agreement

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6
Q

Arbitration

A

Hire another person to make decisions for them.

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7
Q

Mediation

A

A person not involved talks with parties and helps come to a decision.
Process: Introduction, telling the story, identifying positions/interests, identifying alternative solutions, revising & discussing solutions, reaching an agreement.

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8
Q

What are the benefits of Mediation?

A

It is voluntary, confidential, effective, enforceable, and free.

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