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Buku Business Mediation: What You Need to Know

Books CollectionBuku Business Mediation: What You Need to Know
  • Book Title: Business Mediation: What You Need to Know
  • Penulis: Robert Coulson
  • Penerbit: New York: American Arbritation Association: 1991
  • Edisi: Cetakan keempat, 1991
  • Bahasa: Inggris
  • ISBN: 0-943001-07-2

Sinopsis Buku Business Mediation: What You Need to Know

American business executives are discovering the benefits of using alternative methods of dispute resolution. The traditional way of handling business disputes has become almost obsolete. Turning disputes over to an outside law firm, with the expectation that a lawsuit will be filed that will lead to a trial, has become increasingly cumbersome.

Top management is demanding that disputes be resolved through more direct and less costly methods such as negotiation, mediation, and arbitration techniques that fall under the rubric of “Alternative Dispute Resolution” (ADR).

EYRCLS Books Collection - Buku Business Mediation: What You Need To Know
EYRCLS Books Collection – Buku Business Mediation: What You Need to Know

Much has been written about the art and science of negotiating, both for business managers and for attorneys. The literature on arbitration is also extensive. But some executives and lawyers are still not completely familiar with how to use voluntary mediation to resolve business disputes. This book is for them.

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Courts do not pressure most business parties to set- tle pending lawsuits. Although a judge will occasionally call the lawyers into chambers for a settlement conference, litigation is often allowed to amble along. Business executives, for their part, tend to defer to their attorneys.

Lawyers often find reasons not to try to settle pending lawsuits. Other activities may be more pressing, or the lawyers may be reluctant to take the initiative and push for a settlement, thinking that their bargaining positions would be prejudiced. Courts sometimes appear to be parking lots for lawsuits.

If more business executives were good negotiators, there would be less need for mediation. Bargaining over legal claims can be disagreeable work. Too many managers procrastinate when faced with a serious controversy. Why? Because it involves an unpleasant fact of life-confrontation. Negotiating is not one of the “gentler arts.” It is tough and demanding.

Executives should approach dispute settlement with the same spirit that they bring to every other aspect of their business. Mediation puts disputes on an express track toward settlement, through the intervention of a third party. It supercharges the negotiations. Mediation can be particularly helpful when corporations want to expedite the resolution of their business disputes.

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Mediation has other advantages. When disagreements are settled with the help of a mediator, adversaries are likely to preserve their business relationships. One reason is that a mediator helps them focus upon their common interests. That is not true of litigation.

Much of the talk that goes on during a trial involves legal procedural issues. The executives involved may not even understand the dialogue: motions, rules of evidence, and the like. Ultimately, a trial judge’s decision is imposed upon the parties.

In mediation, on the other hand, the negotiators focus on the substantive issues. The executives are involved, trying to find a practical solution to their mutual problem. Adversarial at the outset, mediation brings about a reconciliation. It probes into the minds and attitudes of the parties. Consensual settlements have been found to be more acceptable and more permanent than third-party determinations.

Mediation is a sensible way to resolve disputes. It seems disarmingly simple. An impartial third person becomes involved in the negotiations, with the consent of the parties, assisting them in reaching an informed settlement.

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Mediation is voluntary. There is no risk in trying it. Either party can withdraw at any time. Most important, mediation works. Four out of five cases result in a settlement. But if mediation is to succeed, parties should understand the process and carefully prepare their case.

Buku Business Mediation: What You Need to Know ini terdapat di Perpustakaan EYR Center for Legal Studies yang nantinya akan dibuka untuk kalangan umum. Rekan-rekan dapat membacanya di tempat atau, setelah mendaftar menjadi anggota di Perpustakaan kami. Untuk mendaftar menjadi anggota Perpustakaan EYR CLS, silahkan buka halaman Pendaftaran.

Untuk melihat koleksi buku yang terdapat di Perpustakaan EYR Center for Legal Studies, silahkan buka halaman Katalog Perpustakaan EYR Center for Legal Studies. Untuk melihat Sinopsis buku lainnya, silahkan buka halaman Books Collection.

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EYR Center for Legal Studies (CLS)
EYR Center for Legal Studies (CLS)https://eyrcls.com
EYR Center for Legal Studies (CLS) is an Indonesian non-profit Civil Society Organization with focus on various law programmes.

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