alternate-dispute-resolutions-brunet

I Intro to ADR (Introduction) A Methods and Common Characteristics Negotiations a Unassisted b Negotiation is part of all types of ADR c Various methods/styles/personalities d Acts as contract; only as binding as the contract Mediation a Assisted - third party mediator b Different types: transformative, substance oriented, process oriented c Acts as contract; only as binding as the contract d May be court annexed, but does not eliminate right to trial Arbitration a Assisted - third party or parties of arbitrators b Often include third party "experts" c BINDING - may eliminate right to jury trial d Usually agreed on by contract, prior to any dispute e Arbitrator makes decision, not party Mini-trial a Non-binding b Gives parties idea of how judge might rule to encourage settlement Court Annexed ADR a ENE - encourages negotiation and settlement b Judicial mediation - mediation by a judge at court's insistence c Summary Jury Trial - mini-jury decides d CAA - mandatory arbitration Usually for low dollar value (