Dispute Prevention and Resolution Services (2024)

Footnote 1

The Law Society of Upper Canada “Short Glossary of Dispute Resolution Terms” (Toronto: 1992) at 6.

Return to footnote 1 referrer

Footnote 2

S.G. Goldberg; E.A. Frank; N.H. Rogers; Dispute Resolution: Negotiation, Mediation, and Other Processes, (2nd ed.) (Boston: Little, Brown and Company, 1992) at 3.

Return to footnote 2 referrer

Footnote 3

Fisher, Patton & Ury, Getting to Yes, 3-11.

Return to footnote 3 referrer

Footnote 4

Murray, at 184-185.
Fisher, Patton & Ury, at 5-7.

Return to footnote 4 referrer

Footnote 5

Murray, at 180-181.
Boskey, supra, note 2 at 10.

Return to footnote 5 referrer

Footnote 6

Ibid.

Return to footnote 6 referrer

Footnote 7

Fisher, Patton & Ury, supra, note 1 at xviii-xix.
Goldberg, Frank & Rogers, supra, note 6 at 37.

Return to footnote 7 referrer

Footnote 8

Fisher, Patton & Ury, Ibid.

Return to footnote 8 referrer

Footnote 9

Janos Nyerges, “Ten Commandments for a Negotiator”, (1987) 3 Negotiation Journal 21.

Roger Fisher, a noted authority in negotiation states:

It is no doubt possible that in a given case a lawyer may obtain a short-term gain for a client by bluffing, threatening, actively misrepresenting the extent of the lawyer's authority, what the client is willing to do, or other facts, or by engaging in browbeating or other psychological pressure tactics. Yet many lawyers and academic experts believe that a practice of trying to settle differences by such tactics is risky for clients, bad for lawyers and bad for society.

I believe that it is not a sound practice to negotiate in a way that rewards deception, stubbornness, dirty tricks, and taking risks. I think it wiser for our clients, ourselves and our society to deal with differences in a way that optimizes the chance of reaching a fair outcome efficiently and amicably; that rewards those who are better prepared, more skilful and efficient, and who have the better case as measured by objective standards of fairness; and that makes each successive negotiation likely to be even better. (This does not mean that a negotiator should disclose everything or make unjustified concessions.)

Roger Fisher, “A Code of Negotiation Practices for Lawyers” (1985) 1 Negotiation Journal 105 at 106.

Return to footnote 9 referrer

Footnote 10

I. William Zartman & Maureen Berman, The Practical Negotiator (New Haven: Yale University Press, 1982) at 132, 226.

Return to footnote 10 referrer

Footnote 11

See for example Eve Hill, “Alternative Dispute Resolution in a Feminist Voice” (1990) 5 Ohio State Journal on Dispute Resolution 337 at 370. Ms. Hill describes negotiation as a method of ADR that allows feminists to inject a female perspective into the process of dispute resolution.

Return to footnote 11 referrer

Footnote 12

Jeffrey Z. Rubin and Frank E.A. Sander, “Culture, Negotiation and the Eye of the Beholder” (1991) 7 Negotiation Journal 249 at 253.

Zartman and Berman, supra, note 20 at 229.

Return to footnote 12 referrer

Footnote 13

Fisher, Patton & Ury, supra, note 1 at 131-140.

Thomas R. Colosi, On and Off the Record: Colosi on Negotiation (Dubuque: Kendall/Hunt Publishing Co., 1993) at 54.

Return to footnote 13 referrer

Footnote 14

Colosi, ibid. at 54-56.

Fisher, Patton & Ury, ibid. at 129-143.

William Ury, Getting Past No (New York: Bantam Books, 1991) esp. at 94-104.

Return to footnote 14 referrer

Footnote 15

Thomas R. Colosi, On and Off the Record: Colosi on Negotiation (Dubuque: Kendall/Hunt Publishing Co., 1993) at 9-11.

Return to footnote 15 referrer

Footnote 16

Colosi at 40-44.

Return to footnote 16 referrer

Footnote 17

Fisher, Patton & Ury, supra, note 5 at 100.

Return to footnote 17 referrer

Footnote 18

Ibid.

Return to footnote 18 referrer

Footnote 19

The ideas found in this text have been derived from the works of a number of authors. However, the basic steps enumerated in this part are taken largely from Getting to Yes by Fisher, Patton and Ury.

Return to footnote 19 referrer

Footnote 20

Colosi, note 23 at 52-53.

Return to footnote 20 referrer

Footnote 21

A discussion of these tactics and how to deal with them can be found in Part E of this text “Dealing with Difficult or Deceptive Conduct” at page 10.

Return to footnote 21 referrer

Dispute Prevention and Resolution Services (2024)

FAQs

What is dispute resolution answer? ›

Dispute resolution is the process of settling disagreements between parties. There are three basic types of dispute resolution: mediation, arbitration, and litigation. Mediation is where a neutral third party helps the disputing parties reach a solution on their own.

What is dispute prevention and resolution? ›

Dispute prevention and resolution DPR processes offer a way to prevent or resolve a misunderstanding, problem, dispute or conflict. The processes are voluntary, and the parties must opt for a specific process by mutual agreement.

What are the disadvantages of mini trial? ›

Disadvantages of the mini-trial

The trial-like nature of the preparation and hearing may continue to polarize the positions of the parties rather than promote an atmosphere of cooperation from the outset.

What are the 3 most common means of resolving a case through alternative dispute resolution describe each one? ›

Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings. ADR often saves money and speeds settlement. In mediation, parties play an important role in resolving their own disputes.

How to solve dispute resolution? ›

The most common ADR methods are negotiation, mediation, conciliation, arbitration, and private judging.
  1. Negotiation. Negotiation is usually the first approach to take before resorting to other ADR methods. ...
  2. Mediation. Mediation is a type of assisted negotiation. ...
  3. Conciliation. ...
  4. Arbitration. ...
  5. Private Judging. ...
  6. Conclusion.
Mar 8, 2022

Do both parties need to agree to arbitration? ›

Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties.

What if parties cannot agree on a mediator? ›

Continue Negotiations Independently: Just because mediation fails does not mean you cannot continue negotiations on your own. It is possible to reach an agreement without a mediator. Continue Mediation with a New Mediator: Not every person works well with every mediator.

What are the disadvantages of mediation? ›

Disadvantages
  • Not compulsory;
  • Concerns exist around the enforceability of a mediation agreement;
  • All parties must agree to a resolution as the result is not guaranteed;
  • Can be difficult if either party are withholding information;
  • Mediation may not be appropriate if one of the parties required public disclosure;

What happens in dispute resolution? ›

It's a confidential, informal process in which you and the other party, with the assistance of an independent mediator: listen to each other and are heard by each other. identify the disputed issues. develop options.

Why avoid trial? ›

Trials require extensive preparation, from gathering evidence and preparing witnesses, to developing a solid case strategy. This can be time-consuming and costly. Some attorneys might lack the resources or willingness to invest the necessary time and effort, preferring instead to settle cases quickly.

What are the pros of delaying a trial? ›

In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible. Reasons a defendant may want their trial delayed are: To have time to find witnesses. To have time to gather evidence.

Is Mini trial binding? ›

Minitrials are confidential and non-binding and are meant to provide each side of the case with a clearer view of the arguments before negotiating a settlement.

What is the simplest form of dispute resolution? ›

Negotiation is the most basic form of alternative dispute resolution. Negotiation between parties is often the first step for those trying to resolve a legal dispute because it does not cost anything and does not require the involvement of a third party.

What is the strongest method of alternative dispute resolution? ›

Negotiation is the preeminent mode of dispute resolution. While the two most known forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. Negotiation allows the parties to meet in order to settle a dispute.

Is ADR better than court? ›

ADR Benefits

When cases are resolved earlier through ADR, the parties may save some of the money they would have spent on attorney fees, court costs, experts' fees, and other litigation expenses. In ADR, parties typically play a greater role in shaping both the process and its outcome.

What is dispute resolution and what are the example? ›

Dispute resolution is the process of resolving disagreements or conflicts between different parties. There are a number of scenarios where dispute resolution is required. For example, a consumer may have a dispute with a company they've purchased faulty goods from.

What are the 5 dispute resolutions? ›

The five conflict resolution strategies with which you may be familiar – avoiding, competing, compromising, and collaborating – come from the Thomas-Kilmann Model that depicts the amount of assertiveness and cooperativeness involved in each strategy to resolve the conflict.

What is dispute resolution and why is it important? ›

Dispute resolution refers to all processes that are used to address disputes. It includes all dispute resolution methods and approaches from early resolution through to formal tribunal or court processes. Disputes can involve: individuals (eg, neighbours in dispute over a shared driveway)

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