ETH 321 OUTLET Motivated Minds/eng106rank.com ETH 321 OUTLET Motivated Minds/eng106rank.com | Page 8

Disputing parties cannot use an ADR technique not specified in the ori
ginal agreement.
•
Disputing parties must begin a lawsuit to use any form of ADR.
The crucial issue with the continuity factor of a business’s organizatio
nal form is _______.
•
the method by which the business can be dissolved
•
profit distribution
•
the method of customer service observed
•
management style
The ___________ holds that contracts or conspiracies in restraint are i
llegal only if they constitute undue or unreasonable restraints of trade
and that only unreasonable attempts to monopolize are covered by the
Sherman Act.
•
rules of per se legality
•
Parker v. Brown doctrine
•
duty to deal doctrine
•
rule of reason
Interest-based negotiations are superior to position-
based negotiations because:
•
the difference between the interests of the parties is often large.
•