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Alternative Dispute Resolution

Autor:   •  August 14, 2016  •  Research Paper  •  426 Words (2 Pages)  •  415 Views

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Alternative Dispute Resolution

According to the Chinese General Sun Tzu in his book The Art of War (c. 6th century BCE), he wrote “For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill”. Nowadays, we can find a lot of business contracts that they are made it by reason which is simple follows the rules to generate an agreement and profit.

In this hand, we can have a successful business or might be not. This situation will depend if the parties met and respect the requirements. On the other hand, we can see a lot of failure contracts due to disagreement in the terms or conditions, lack of budget or any reason to dissolve them. However, that is not meaning that the parties need to go into a court to solve the issue. The quote aforementioned before it is because all the best battle is that one which is not fought.

Canadian Government offers a few options to solve the dispute between the parties. If the parties are not going to court, they will save a lot of money and time. So, being smart means find benefits for both parties as win-win. Then we introduce the options:

Negotiation: According to Canadian government in its web site (2015) this mechanism is when persons who are not agreed with something can work together to solve a problem to reach the own benefits and interests. The skills can be learned and parties they can hire a lawyer who helps with this and at the end it will be cheaper instead to go into a court.

Conciliation: According to Legal dictionary web site (2013) it is the process of adjusting of settling disagreement without going to trial. Each part of the contract has a compromise to do and not avoid it.

Mediation: According to Canadian government in its web site (2015), in this case the parties can ask a third neutral party to help to solve the problem being this situation voluntary or not.

Arbitration: According to Legal dictionary web site (2013), this mechanism is similar to the mediation. However the difference is the third party is going to be an expert in specific areas or laws who can help in a structured way solve the issue.

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