Chapter 2: Resolving Disputes and Navigating Canada's Court
System
Exercises
True or False?
1.
BATNA and WATNA are more commonly part of positional negotiation than of interest-based negotiation. (F)
2.
Unlike arbitration decisions, a negotiated settlement cannot be enforced. (F)
3.
Transformative mediation attempts to get each party to appreciate the validity of the other's point of view. (T)
4.
In the Superior Court, you are entitled to disclosure of the other party's documents and evidence prior to trial. (T)
5.
If you win a case in court, you can enforce your judgment by using garnishment to seize and sell the defendant's car. (F)
6.
A decision made in the trial division of the Superior Court is binding on the Court of
Appeal. (F)
7.
The Small Claims Court has the power to grant injunctions, provided the value of the plaintiff's claim does not exceed $25,000. (F)
8.
If you believe a decision of an administrative board was unfair and not based on evidence, you have the right to appeal the decision in the courts. (T)
9.
If you think someone has breached your legal rights, you can sue at any time. (F)
If the parties have a history of conflict, and one is stronger than the other, the following is probably the best alternative dispute resolution process:
3.
a.
negotiation
b.
mediation
c.
arbitration
d.
either b or c would work equally well
In talking about alternative dispute resolution, we often discuss rights and interests.
In this context, rights refer to
4.
a.
short-term goals
b.
long-term goals
c.
business concerns, aspirations, and priorities
d.
entitlements
In positional negotiation, you
a.
determine what outcome you want before you start and stick to it as best you can
b.
explore with the other parties what the source of the conflict is
c.
accept the other side's position as legitimate and valid
