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Unformatted text preview: Alternative Dispute Resolution Class Notes Monday 14 January 2008 I. Final exam is MC and T/F II. Negotiation a. ADR method III. Mediation a. Assisted negotiation, basically see comparison handout b. Mediators do not decide disputes IV. Arbitration a. Go before chosen arbitrator (judge) who is a neutral, unbiased expert on the subject matter of the dispute b. Generally binding on parties w/o showing of bias or severe unfairness c. Usually 1-3 persons V. Mini-Trial a. Nonbinding b. Goal is settlement VI. Court-Annexed Arbitration (CAA) a. Arbitrator hears E and rules based on the proof b. Not binding VII. Rent-a-Judge (Private Judging) a. All sides must agree VIII. Florida a. In FL, you cannot be ordered to mediate in good faith all you have to do is go to the mediation b. FL has appellate mediation IX. Summary Jury Trial a. Not used much Monday 28 January 2008 I. Notes a. Bring paper next week to write on b/c we wont be allowed to use our laptops w/guest speaker b. Read assigmnets for March 3 rd for next class or something he might not have said this c. Negotiation is primary form of dispute resolution II. Movie Notes for Negotiation Session- When individuals negotiate, they should present their proposals in a manner that maximizes the likelihood their opponents will accept their preferred choice. They may accomplish this objective by providing opponents with options that appear to provide certain gain and force them to choose between these proposals and alternatives that merely involve possible gain. If their opponents are concerned about probable losses, bargainers should propose alternatives that offer a possible avoidance of any loss, because their opponents are more likely to accept these options than alternatives that will result in definite loss .- Negotiation voluntary, usually informal process where parties: a. ID issues of concern, b. Explore options for resolving issues, c. Search for a mutually acceptable agreement to resolve the issues raised d. The parties may ber repd by Ls in negotiation. Different from mediation b/ c theres no neutral individual to assist the parties negotiating- Never make a decision on the spot always w/d, even briefly, to review the settlement objectively- Steps: a. Control your own behavior b. Disarm opponent by stepping to their side (make your views look like an addition to, rather than a contradiction of, their POV) c. Reframe dispute in terms of interests rather than positions...
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This note was uploaded on 04/18/2008 for the course ADR Unsure taught by Professor Cowles during the Spring '08 term at Florida Coastal School of Law.
- Spring '08