Sentences with phrase «adversarial approaches such»

Not exact matches

Disputes such as these fit nicely into the win / lose approach demanded by an adversarial system and the zealous representation the Codes require.

He made this decision based on the fact that the insurer had denied the benefits for six years in order to delay payment to take advantage of the insured's economic vulnerability.5 Moreover, the claims advisor for the defendant took an adversarial approach and did not deal with the claim fairly and in a balanced way.6 As such, the insurer was deemed to have acted in bad faith and the plaintiff was awarded $ 200,000 in punitive damages.

Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts.

My experience is that choosing the adversarial approach seldom improves such behavior.

Any dispute resolution process for families in conflict that adopts a problem - solving approach (such as divorce mediation and collaborative divorce), as opposed to an adversarial, competitive approach like litigation, understands that people (especially people who are or were emotionally connected to one another) do not negotiate solely from a place of intellectual rationalism.

streamline the existing native title procedure and pursue related reforms, such as minimizing the adversarial approach of the native title system to allow for native title negotiations to be carried out in a more flexible manner... [28]