Unti 3: Settling Disputes Flashcards
What are the advantages to settling disputes outside of court?
Save money, time, and relationships.
Negotiation
The process by which people involved in a dispute talk to each other about their problems and try to reach a solution.
Process of Negotiation
- Preparation
- Determine alternatives and resistant point, info exchange
- Bargaining
- Resolution (Interest, Alternatives, BATNA, WATNA)
BATNA & WATNA
BATNA: Best Alternative to a Negotiated Agreement)
WATNA: Worst Alternative to a Negotiated Agreement)
Settlement
An agreement
Arbitration
Hire another person to make decisions for them.
Mediation
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.
What are the benefits of Mediation?
It is voluntary, confidential, effective, enforceable, and free.