negotiations. Everyone desires to walk away from the bargaining table satisfied that the gains achieved by both parties are equal. Bilateral negotiations should always be the preferred method of choice for all conflict resolutions. Unilateral‚ bilateral‚ third-party and alternative dispute resolution (ADR) are all approaches and methods that deals with conflict. Unilateral methods never yield win/win results because the approaches used are avoidance (lose/lose)‚ accommodate (lose/win)‚ and competitive (win/lose)
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to you that have any involvement in this claim.” Secondly‚ I would file a “request for production of documents”‚ this would help to identify any contractual obligations our company had to our customers post sale and whether a vehicle for conflict resolution is identified in the sales contract. Finally I would request our legal department to take the depositions of all parties involved with the claims. I was involved in a similar situation when I complained to the manufacturer of a gaming console
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ALTERNATIVE DISPUTE RESOLUTION (ADR) IN CHINA In China‚ many forms of ADR are combined with litigation and arbitration‚ which can be called hybrid processes that ultimately lead to legally binding outcome under appropriate circumstances. Therefore‚ in China’s legal practice‚ the meaning of ADR shall be slightly different from the normal definition‚ for example the result of ADR can lead to legally binding‚ hybrid processes‚ if it is agreed by both parties in dispute. It is generally accepted
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COPYRIGHT PROTECTION IN NIGERIA You would recall that in my last article‚ I stated that there is no centralized system of registering copyright in Nigeria. I stated that a “work” which is the subject not the copyright need not be registered before it can be protected under the law. In the process of patenting an invention‚ I came across a process known as copyright notification and I think it is important that I share it with you (You are probably wondering what Patent registration has to do with
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“such as‚” general‚ limited‚ cooperative‚ joint partnership‚ a franchise‚ or sole proprietorship. However‚ determining the type of business to create requires implementing the significant elements of an alternative dispute resolution programs “in order‚” to find equitable solutions to emerging disputes that company’s encountered. Once an entrepreneur decides on a specific type of business then selecting vendors is the next step in the process. Serving as a general manager for twelve years owning a franchise
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Alternative dispute resolution in India is not new and it was in existence even under the previous Arbitration Act‚ 1940. The Arbitration and Conciliation Act‚ 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure‚ (CPC) 1908 has also been amended and section 89 has been introduced. Section 89 (1) of CPC provides an option for the settlement of disputes outside the court.
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Pepperdine Dispute Resolution Law Journal Volume 3 | Issue 3 Article 5 4-6-2012 UNCITRAL Model Law on International Commercial Conciliation: From a Topic of Possible Discussion to Approval by the General Assembly Robert N. Dobbins Follow this and additional works at: http://digitalcommons.pepperdine.edu/drlj Part of the Commercial Law Commons‚ Dispute Resolution and Arbitration Commons‚ International Law Commons‚ International Trade Commons‚ Legislation Commons‚ Other Law Commons‚ and
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beneficial way possible. Most state-level legal matters can be decided in the court system. However depending on the gravity of the issues‚ the legal dispute could go as high as an appeal to the state’s Supreme Court. A more rational approach would be to remain within the general jurisdiction of the state court or by making use of Alternative Dispute Resolution or ADR. In the following memo‚ I will be discussing the case Blankenship vs. CFMoto Powersports‚ Inc. I will be providing the background of the
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group of elders and influential persons in a village deciding the dispute between villagers are not uncommon even today. There are also instances of disputes between persons of two different villages being settled by a body of individuals drawn from the disputants’villages‚ a third village or a combination of the two. The disputants are required to present their cases before the panchayat which will attempt to resolve the dispute. The working of the panchayat is such that it would be difficult to
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building relationships with the customers. List and analyze methods of alternative dispute resolution and determine which would be most effective in resolving genuine disputes that arise with consumers who may make purchases from businesses that provide links via social media. Cortes‚ P. (n/d) talks about online dispute resolutions: ODR in the consumer context refers to the use of ICT tools and methods (usually alternative to the court system) employed by businesses and consumers (B2C) to settle
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