•
Writ of Execution. Cornell Law School defines a writ of execution as “A court order that directs law
enforcement personnel to take action in an attempt to satisfy a judgment won by the plaintiff.”
•
Garnishment. A garnishment refers to a court order that seizes the money, typically wages, to satisfy a
debt. A myriad of laws apply to wage garnishment, e.g., certain types of income, such as Social Security
Disability Income (SSDI), cannot be garnished. In addition, depending on state laws, sometimes only
debtors who make over a certain amount, e.g. $1,600 gross/month, are subject to wage garnishment.
•
Liens. A lien gives the entitled party in a judgement the right to seize the property of another to satisfy a
debt. Commonly, liens can be placed on real estate and personal property, such as automobiles and
boats. Property that has a lien cannot be sold because the title is encumbered and often cannot be legally
transferred until the lien is satisfied, or paid. Depending on state laws, only certain property is subject to a
lien. For example, the winning party in an arbitration case may only be able to place a lien on the other
party’s vehicle if it has a market value of over $7,500.
The enforcement of arbitration awards is governed by a number of laws, such as Federal Arbitration Act and
Uniform Arbitration Act.
Summary
Negotiation, mediation, and arbitration are alternatives form of dispute resolution that attempt to help
disagreeing parties avoid the time and expense of court litigation. While negotiation is involved in all three
forms, mediation and arbitration involve a neutral third party to help the parties find a solution. Frameworks
that consider self-interest, as opposed to interest in the other party, can help negotiators craft successful
negotiation approaches. Mediators, arbitrators, and groups of arbitrators all follow certain steps and play in
important role in trying to help parties reach common ground and avoid court proceedings. Mediators who
establish rapport with disputing parties can facilitate dispute resolution, as mediation is very much solution-
focused. Arbitrators must often decide upon awards when parties cannot reach an agreement. Even when an
aggrieved party attains an arbitration award, it may still have to pursue the other party by using a variety of
legal techniques to enforce the payment or practice stipulated by the award. Staying current with federal and
state laws associated with negotiation proceedings is essential for businesses looking to maximize their
relational and outcome goals.
Assessment Questions
1. A process in which a third party selected by the disputants helps the parties to voluntarily resolve their
disagreement is known as:
a.
Mediation.
b.
Discovery.
c.
Arbitration.
d.
Settlement.
2. What’s the first step in Alternative Dispute Resolution?
a.
Conciliation.
b.
Mediation.
c.
Negotiation.
d.
Arbitration.
3. What’s the definition of negotiation?
26
Chapter 2 Disputes and Dispute Settlement
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