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Abstract

Disputes are bound to arise in business relationships and commercial transactions. The concept of a free-market economy presents opportunities for clashes of interests and disputes in the pursuit of economic gains. These disputes can be resolved amicably through alternative dispute resolution methods or by civil action in a law court (litigation). Managing disputes is an essential area of decision making for managers. How a commercial dispute is resolved could affect an organisation''s profit, growth, reputation, etc. This note looks at the various ways of keeping disputes out of court by means of dispute preventive programmes, and where they occur, to suggest dispute management and dispute handling measures. The author examines the role of the in-house lawyer, the attitudes to litigation, and different alternative dispute resolution mechanisms (arbitration, mediation, conciliation, negotiated settlements, etc). It concludes by laying out the critical success factors in dispute resolution and recommends strategies for managers and companies in this regard.
Location:
Industry:
Other setting(s):
2005-2008

About

Abstract

Disputes are bound to arise in business relationships and commercial transactions. The concept of a free-market economy presents opportunities for clashes of interests and disputes in the pursuit of economic gains. These disputes can be resolved amicably through alternative dispute resolution methods or by civil action in a law court (litigation). Managing disputes is an essential area of decision making for managers. How a commercial dispute is resolved could affect an organisation''s profit, growth, reputation, etc. This note looks at the various ways of keeping disputes out of court by means of dispute preventive programmes, and where they occur, to suggest dispute management and dispute handling measures. The author examines the role of the in-house lawyer, the attitudes to litigation, and different alternative dispute resolution mechanisms (arbitration, mediation, conciliation, negotiated settlements, etc). It concludes by laying out the critical success factors in dispute resolution and recommends strategies for managers and companies in this regard.

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Location:
Industry:
Other setting(s):
2005-2008

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