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Understanding ADR: Types, Benefits, and Differences from Litigation

Explore alternative dispute resolution (ADR) methods like arbitration, mediation, minitrial, and more. Learn how ADR differs from litigation and discover the advantages it offers.

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Understanding ADR: Types, Benefits, and Differences from Litigation

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  1. Chapter 3 The Court System and Dispute Resolution

  2. Business Disputes • Hilton and Starwood Resorts • Wal-Mart and a customer injured by a falling reindeer • Sometimes you just need to know where you stand – Brighton Collectibles

  3. Types of ADR • Arbitration—Oldest Form of ADR • Parties submit grievances and evidence to a third party expert in an informal setting • American Arbitration Association provides many arbitrators and rules

  4. Types of ADR • Mediation • Parties use a go-between to negotiate and communicate • Used in international transactions • Mediator can offer suggestions for resolution • Not binding • Medarb • Recent creation in which arbitrator first attempt to mediate settlement • If unsuccessfully the case goes to arbitration

  5. Types of ADR • Minitrial • Small-scale trial where parties present case to a judge with experience in the field or to a neutral advisor • Advisor or judge makes decision • Can motivate parties to resolve differences even if the results are not binding

  6. Types of ADR • Rent-a-Judge • Trial held in commercial as opposed to a public court • Pay fees for courtroom and judge • Example: “The People’s Court” TV show • Summary Jury Trials • Gives parties an idea about jury’s perceptions • Used after discovery is complete

  7. Types of ADR • Early Neutral Evaluation • Consultant or volunteer gives parties an assessment of the position • Generally used prior to discovery • Saves expenses if parties settle following the evaluation • Peer Review • Review of Management’s action against employee by a group of peer – employees • Reduces litigation cost

  8. Litigation vs. ADR

  9. Litigation vs. ADR

  10. Types of Courts • Trial Courts • Place where case begins • Jury hears cases and decides disputed issues of fact • Single judge presides over case • Appellate Courts • Review actions of trial court • Usually have published opinions for uniformity and consistency • No trials held - panel of judges hears case

  11. Consider 3.1 • The GPA Computation Rule • A course in which a grade of “C” or better has been earned may not be repeated. The second entry will not be counted in earned hours or grade index for graduation

  12. The Federal Court System

  13. State Court Systems

  14. SOX and Privilege • Lawyers for corporation represent corporation, not employees • Lawyers for corporation must report fraud to CEO • If no action, must notify board • If no action, must resign

  15. The Trial Process

  16. Steps in Civil Litigation

  17. Steps in Civil Litigation (cont’d)

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