Dispute Resolution notes
Areas of Law
Dispute Prevention-Prevents disputes
Litigation (lawsuits) process of claims in court
-serves as buffer between two parties and helps bring them toward a voluntary settlement.
Mediator does not render that go to trial
ADR Formal or informal process used to settle disputes without resorting to a trial (It is cheaper and faster that Litigation)
ADR
Negotiation-last few day to several years and begin as soon as dispute arises
o Mediationdecision in matter
o Mediation is confidential
and all parties can speak freely
o Offers the strongest win ?win outcome
o Encourages thinking and talking that are more realistic
o 75 percent of medicated cases do not reach volutary settlement
o Handles big and small disputes
Arbitration ?parties bring in third party who has the power to impose an award. Abitration ensures that there will be a final result. And is faster and cheaper than litigation. Parties in arbitration give up certain rights including Discovery(evidence from opposing side before trial) and class action(large group of people who have suffered similar harm).
Mini trial-parties agree to stage a short trial before a panel of three judges(2 executives of corporate parties an 1 neutral advisor). Lawyers present shortened versions of their cases.
Summary Jury Trial- Mock trial made up of six jury and a presiding judge. The assumption is that once the parties and lawyers learn how jurors might react to trial they will be more likely to try ans settle.This type of trial can be misleading because the jury doesn't see real witnesess
Cour ...