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LAW AND DISPUTE RESOLUTION

CHAPTER OUTLINE

Learning Objectives 173

A Note on Terminology 173

Methods of Dispute Resolution 174

Lumping It and Avoidance 176

Primary Resolution Processes 177

Hybrid Resolution Processes 180

Dispute Resolution in Review 181

Demands for Court Services in Dispute Resolution 183

Variation in Litigation Rates 185

Prerequisites for the Use of Courts in Dispute Resolution 186

Individuals and Organizations as Disputants 187

Disputes between Individuals 188

Disputes between Individuals and Organizations 190

The Courts as Collection Agencies 194

Disputes between Organizations 196

Summary 199

Key Terms 200

Suggested Readings 200

References 200

LEARNING OBJECTIVES

  • Outline the stages of the disputing process
  • Explain why some disputants may wish to practice lumping it or avoidance
  • Explain why adjudication may threaten enduring relationships
  • Define what is meant by justiciability and standing
  • Describe the advantages that repeat players enjoy in adjudication

A core function of law is the orderly resolution of disputes. The purpose of this chapter is to examine the questions of why, how, and under what circumstances laws are used in disagreements between individuals, between individuals and organizations, and between organizations.

 
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