Tell me how you deal with your lawyer, I will tell you how your dispute will be resolved

  • Professeur Assistant
    Borbély, Dr Adrian
    IÉSEG School of Management, France

Abstract

This contribution focuses on manager-lawyer relationships in dispute settings and the impact that different practices may have on recourse to interests-based dispute resolution mechanisms (mediation, principled negotiation). It is based on agency theory and grounded in a quantitative pilot study conducted in France. It leads to discuss the boundaries of law as an activity and the potential organizational adaptations necessary for a more open approach to negotiated alternatives to trial.

Keywords

Agency, managers, lawyers, interests-based dispute resolution, mediation


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