Chapter 4
Three Fundamental Areas of Law
1. Dispute Prevention
What is dispute prevention? Dispute prevention is preventing disputes before they arise. It is extremely important to try to prevent disputes before they occur. Why? Because it saves valuable time and money if you have a dispute prevention plan that minimizes the risk of problems. Can you name an example of a method of dispute prevention? A syllabus is a great example of one such method that you as a student are familiar with. How is a syllabus a dispute prevention method? It is used to minimize problems because it outlines course, student and college policies. Think about taking a class in which you were not made aware of attendance, grading, and other such policies? In that situation, the instructor and students would have a number of unnecessary problems/disputes throughout the semester. No, dispute prevention will not eliminate all disputes but it will minimize the chances of having problems.
The Enviro-Vision partners, Beth and Tony, decided to create a detailed partnership agreement as a method of dispute prevention. The agreement included provisions for the following: * Employee hiring and firing * Employee job descriptions/ duties * Employee education * Policies * Procedures * Regulations * Laws * Business capital contributions * Who owns what and in what percentages * Customer contract details * Services performed * Due date * Risks involved * Cost of services
2. Litigation (discussed later in the chapter)
Litigation refers to lawsuits, the process of filing claims in court, and ultimately going to trial.
3. Alternative Dispute Resolution
Alternative dispute resolution is any other formal or informal process used to settle disputes without resorting to a trial.
Alternative Dispute Resolution (ADR)
Many methods of ADR are utilized to resolve disputes between parties. Although many
1. Dispute Prevention
What is dispute prevention? Dispute prevention is preventing disputes before they arise. It is extremely important to try to prevent disputes before they occur. Why? Because it saves valuable time and money if you have a dispute prevention plan that minimizes the risk of problems. Can you name an example of a method of dispute prevention? A syllabus is a great example of one such method that you as a student are familiar with. How is a syllabus a dispute prevention method? It is used to minimize problems because it outlines course, student and college policies. Think about taking a class in which you were not made aware of attendance, grading, and other such policies? In that situation, the instructor and students would have a number of unnecessary problems/disputes throughout the semester. No, dispute prevention will not eliminate all disputes but it will minimize the chances of having problems.
The Enviro-Vision partners, Beth and Tony, decided to create a detailed partnership agreement as a method of dispute prevention. The agreement included provisions for the following: * Employee hiring and firing * Employee job descriptions/ duties * Employee education * Policies * Procedures * Regulations * Laws * Business capital contributions * Who owns what and in what percentages * Customer contract details * Services performed * Due date * Risks involved * Cost of services
2. Litigation (discussed later in the chapter)
Litigation refers to lawsuits, the process of filing claims in court, and ultimately going to trial.
3. Alternative Dispute Resolution
Alternative dispute resolution is any other formal or informal process used to settle disputes without resorting to a trial.
Alternative Dispute Resolution (ADR)
Many methods of ADR are utilized to resolve disputes between parties. Although many