York College, CUNY

STRATEGIC 68798

Chapter 4

1)Should a business avoid legal conflict at all costs? Explain.

2. What is an important first step in formulating an approach to conflict resolution?

3. What is the goal of negotiations?

4. When should the parties consider negotiation to settle legal conflicts and when is negotiation not appropriate? Page 77: The process of negotiation is not governed by technical rules. All parties agree to a compromise that is preferable to allowing someone else, such as a judge, to impose a resolution on them. Before choosing negotiation as a means of settling a conflict, the parties should consider:

5. What issues should a business consider before deciding to proceed with legal action?

6. Compare and contrast mediation and arbitration.

7. Explain the concept of binding arbitration.

8. When can parties opt for arbitration?

9. Who can act as an ADR practitioner?

10. Why is ADR particularly attractive in international disputes?

11. What are the advantages and disadvantages of ADR? Page 81-82:

12. Outline when ADR is appropriate and when ADR is not appropriate. Page 82:

13. Why should litigation be only considered as a last resort for resolving disputes?

14. Why has arbitration in consumer contracts come under harsh criticism?

15. Describe two situations in which class actions lawsuits have been used in a commercial context.

16. Explain the rationale behind limitation periods.

17. Why is settlement out of court generally preferable to going to trial?

18. Can a party proceed with litigation if not represented by a lawyer? Explain.

19. Describe the pleadings stage of litigation.

20. Describe the discovery stage of litigation.

21. Describe the relationship between jury trials and commercial litigation in Canada.

22. How are litigation costs allocated in Canada?

23. How does the winner of a lawsuit enforce the judgment?

24. How are appeals different from trials?

25. What are the typical options that an appeal court has when rendering a decision?

26. How is the U.S. litigation environment different than the Canadian litigation environment?

27. Identify who is involved with each of the major dispute resolution procedures identified in the chapter.

28. Identify when each of the major dispute resolution procedures can be used.