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ADR and Negotiations
Negotiation is the most flexible approach to the resolution of business disputes and the most common. Most experts agree that approximately 90 percent of all cases filed in state and federal courts are settled through some form of negotiation or alternative dispute resolution (ADR). This course considers the many facets of this popular and mutually satisfying process.
After completing this course you will be able to
Define negotiation
Recognize the two general models of negotiation
Understand the effect of representation in negotiation
Understand the relationship of negotiation to the legal process
ADR Commercial Arbitration
Arbitration is an adjudicative alternative dispute resolution (ADR) mechanism. Parties submit a disagreement to one or more neutral decision makers called arbitrators. Unlike negotiation or mediation, the arbitrator, not the parties, determines the outcome of the dispute along with any applicable remedies. The arbitration process is more formal than other ADR mechanisms and uses abbreviated, trial-like procedures that are adversarial, rather than collaborative, in nature.
After completing this course you will be able to
Define commercial arbitration and discuss its development
Recognize determining procedures and arbitration agreements
Understand the arbitrator selection process
Identify the arbitration pre-hearing and hearing
This course focuses on the use of arbitration to resolve disputes arising in the workplace. Arbitration has long been used to successfully settle disagreements relating to workplace rights and responsibilities. It allows businesses and their employees to remain productive while resolving conflicts. In addition, arbitral awards provide guidance on future conduct between the parties and is similar to case precedents.
After completing this course you will be able to
Define labor arbitration
Define employment arbitration
Minimize the negative impact of workplace disputes
Identify interest arbitration