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Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. [1] They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also ...
Because of the importance of the BATNA for negotiation success, several tactics focus on weakening the opponent's BATNA. This may be achieved e.g. by striving for exclusive negotiations, delaying or accelerating the ongoing negotiations, or limiting the negotiation partner to technical systems.
The first ADR was introduced by J.P. Morgan in 1927 for the British retailer Selfridges on the New York Curb Exchange, the American Stock Exchange's precursor. [4] They are the U.S. equivalent of a global depository receipt (GDR). Securities of a foreign company that are represented by an ADR are called American depositary shares (ADSs).
MGA is not the same as "win-win" (the idea that all parties must, or will, feel delighted at the end of the negotiation) and does not focus on "being nice" or "finding common ground." Rather, it emphasizes careful analysis and good process management.
Automated negotiation relates to those methods in which the technology takes over (aspects of) a negotiation. Most of the ODR services in this area are so-called 'blind-bidding' services. This is a negotiation process designed to determine economic settlements for claims in which liability is not challenged.
Arbitration is not the same as judicial proceedings (although in some jurisdictions, court proceedings are sometimes referred as arbitrations [3]), alternative dispute resolution, [4] expert determination, or mediation (a form of settlement negotiation facilitated by a neutral third party).
Frank E. A. Sander (July 22, 1927 – February 25, 2018) was an American professor emeritus and associate dean of Harvard Law School. [1] He pioneered the field of alternative dispute resolution and is widely credited with being a father of the field in the United States as a result of his paper, The Varieties of Dispute Processing, presented at the Pound Conference in 1976 in Minneapolis ...
The DSB is responsible for administering the DSU, i.e. for overseeing the entire dispute settlement process. It also has the authority to establish panels, adopt panel and Appellate Body reports, maintain surveillance of implementation of rulings and recommendations, and authorize the suspension of obligations under the covered agreements. [ 17 ]