Lawsuits and Negotiations


Overview/Description
Target Audience
Expected Duration
Lesson Objectives
Course Number


Overview/Description
This course discusses the legal process of litigation and other out-of-court negotiations that are used to settle business disputes. In addition, this course treats the decision to sue much like other business decisions and offers criteria that management can use to perform a cost-benefit analysis. It begins by presenting proactive management strategies for discouraging damaging lawsuits and avoiding costly litigation. It examines forms of alternative dispute resolution, including negotiation, mediation, and arbitration, and the respective strengths of mediation and arbitration so that management can effectively work with legal counsel to determine when these are appropriate alternatives to litigation. Finally, it describes the litigation process and its impact on business and strategies for working successfully with administrative agencies.

Target Audience
This course is designed for managers who desire to understand the legal process for settling disputes in order to intelligently support the efforts of their organization's legal counsel and use effective strategies for avoiding litigation when possible.

Expected Duration (hours)
2.5

Lesson Objectives

Alternatives to Litigation

  • recognize the benefits of avoiding litigation or using alternative strategies for resolving legal disputes.
  • match contract clauses to their individual purpose in protecting an organization from litigation.
  • distinguish proactive management strategies that help an organization avoid litigation.
  • recommend improvements for a hypothetical manager's preparation for negotiation.
  • match mediation and arbitration to their specific strengths as ways to resolve a legal dispute.

    • Litigation and Administrative Law

  • recognize the benefits of understanding the impact of litigation on business and successfully working with administrative agencies.
  • identify the components of the steps in the civil litigation process.
  • differentiate factors that significantly impact businesses involved in a civil litigation.
  • analyze a business dispute to determine whether a hypothetical organization should pursue litigation.
  • relate effective strategies for working with administrative agencies to business activities that represent each.

    • Course Number:
    LAW0106