online exercise activity 4, Study notes of Law

Download online exercise activity 4 and more Study notes Law in PDF only on Docsity!

Dip Vijaykumar Joshi C

Lambton College in Toronto

ADR 1003_2: Alternative Dispute Resolution

Roger Batchelor

st

March 2022

Generally, a contract is a legal document binding at least two parties and defining the duties and rights of each party. The breach of contract occurs when one party fails to fulfil their part of the agreement. There may be several reasons for people not performing their duties, including bankruptcy or mental illness. If individuals are not able to fulfil their commitments, conflicts may arise. In these cases, dispute resolution strategies such as negotiation and mediation can be used to solve the conflict. Mediation refers to a non-binding conflict resolution process in which a mediator facilitates the negotiations between the conflicting parties to help them arrive at a mutual agreement. There are various forms of mediation, such as transformative mediation, Facilitative Mediation, and evaluative mediation. Negotiation is whereby the conflicting individuals meet and find ways to settle the conflict. They always seek to find a mutually agreeable solution to resolve the dispute. Negotiation can be categorized into two types which are competitive negotiation and cooperative negotiation. In collaborative negotiations, the individuals involved in the conflict are more interested in developing a good relationship based on cooperation and trust. Competitive talks, however, are full of manipulation by the hard negotiator who is most likely to take advantage of a soft negotiator. Typically, people prefer to settle their disputes outside of court to avoid the costs and time of a lawsuit; however, parties involved in a breach of contract are advised to file a civil lawsuit. As a breach of contract is a civil wrong; it is best handled by a civil court. Since civil laws concern the rights and duties of people, any wronged person can receive the appropriate remedy by filing a lawsuit. According to civil law, a plaintiff may be awarded an injunction,