Can a business avoid legal risks at all costs?
No. Instead they need to manage them
A range of options for resolving disputes, without litigation.
Altuernative Dispute Resolution(ADR)
What are the three most common forms of ADR?
Negotiation
Mediation
Arbitration
Avoiding unwanted publicity, preservation of confidnetiality, and less costs are all advantages of what?
ADR
A process of deliberation and discussion inteded to reach a mutual resolution to a dispute.
Negotiation
What are the 2 steps of Alternative Dispute Resolution?
- Determoine nature and extent of dispute
Contact both parties to clarify situation
An ADR process whereby a neutral person called a mediator assists the parties in a settlement
Mediation
A method of ADR whereby other neutral parites(arbitrators) appointed by the parties make a decision.
Arbitration
What is the term for a contract that is final and enofrceable by the courts?
Binding
The process of resolving disputes through the courts.
Litigation
The party that initiates a lawsuit against another
Plaintiff
Party being sued
Defendant
The time period specifed by legislation for commencing legal action after which the right to sue is lost.
Limitation period
A lawsuit launched by one person who represents a class of people having similar claims against the same defendant
Class Action
What are the 4 stages of a lawsuit?
1.Pleading
2.Discovery
3.Trial and Decision
4.Enforcement
The formal documents about the basis for a lawsuit.
Pleadings
The offical document that lays out the plaintiffs allegations against the defendant and initiates litigation.
Claim
A claim by defendant against plaintiff.
Counterclaim
The process of disclosing evidence to support a claim in a lawsuit.
Discovery
The obligations that the plaintiffs evidence(claim) is most-likely valid
Burden of Proof
The judgment of the court that specefies which party is successfull.
Decision
The party ordered by the court to pay a specific ammount(damages) to the winner of a law suit.
Judgment debtor
The process of arguing to a higher court that a decision was wrong.
Appeal
The party who begins or fiels for an appeal
Appellant
