Chapter 2 BLAW Flashcards

Negotiation

A process where parties with differing preferences allocate resources and make joint decisions without external help.

Dyadic Negotiation

Negotiation between two individuals (e.g., neighbors disputing property lines).

Group Negotiation

Negotiation involving more than two parties (e.g., a third neighbor joins the dispute).

Relational Goals

Goals in negotiation focused on building or maintaining a relationship.

Outcome Goals

Goals in negotiation aimed at maximizing one's gain (win-win or win-lose).

Win-win Negotiation

An integrative approach focusing on mutual benefits.

Win-lose Negotiation

A distributive approach where one party’s gain is another's loss.

Five Negotiation Styles

Styles identified in the Thomas-Kilmann Conflict Mode Instrument including competing, collaborating, compromising, avoiding, and accommodating.

Mediation

A process where a neutral third party facilitates resolution between disputing parties.

Advantages of Mediation

Few rules, customizable, win-win solutions, cost-efficient, confidential.

Disadvantages of Mediation

Mediator fees, no sanctions or deadlines, no guaranteed resolution.

Mediator

A trained individual who facilitates conflict resolution.

Cost Benefit of Mediation

Internal mediation costs significantly less than external legal services (e.g., $25,000 vs. $700,000).

Mediation Process Steps

Includes the Opening Statements from the mediator and parties, Joint Discussion, Private Caucus, Joint Negotiation, and Closure.

Consequentialist Ethics

Ethics based on the likely outcomes of decisions.

Deontological Ethics

Ethics focused on morality-based decisions regardless of outcomes.

E-Mediation

Online mediation platforms utilized for dispute resolution.

Types of Arbitration

Classification of arbitration methods including binding, non-binding, and mandatory arbitration.

Labor Disputes

Disputes regarding worker rights that may involve interest or grievance arbitration.

Forced Arbitration Clauses

Provisions in contracts that compel arbitration and limit legal recourse.

Arbitration Procedure Steps

Includes selecting arbitrators, presenting evidence, and the arbitrator rendering an award.

Baseball Arbitration

A method where the arbitrator must choose between final offers from each side.

Types of Arbitration Awards

Categories of arbitration decisions including Bare Bones, Reasoned, and Confirmation awards.

Enforcement of Arbitration Awards

Methods including Writ of Execution, Garnishment, and Liens.

Judicial Review

The authority of courts to declare laws unconstitutional, established in Marbury v. Madison.

Jurisdiction

The legal authority of a court to hear and decide a case.

Personal Jurisdiction

Legal authority over the person involved in a case.

Property Jurisdiction

Legal authority over the property involved in a case.

Long-arm Jurisdiction

The ability of states to exercise jurisdiction over non-residents with sufficient minimum contacts.

Venue

The geographic location where a trial should be held based on where the injury occurred.

Standing to Sue

The requirement that a party must have a legal injury and a sufficient stake in the controversy.

Levels of the Court System

Includes Trial Courts, Appellate Courts, and Highest Courts.

Federal Court System Structure

1. U.S. District Courts, 2. U.S. Courts of Appeal, 3. U.S. Supreme Court.

Discovery

The process of obtaining evidence in litigation through various methods.

Pretrial Procedures

Processes including motions, discovery, and jury selection.

Post-trial Options

Available actions such as Motion for J.N.O.V., Motion for New Trial, and Appeal.

ADR

Alternative Dispute Resolution, including methods such as negotiation, mediation, and arbitration.