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Unformatted text preview: LEB 320F 07/02/2008 18:52:00 Today: ADR Supreme Court Justices Burton v. Wilmington Rights: Equal Protection, Due Process, Free Speech Article 1 sec. 8 Arbitration and Mediation Alternative Dispute Resolution: settling suits out of court has become more popular lately o its is usually quicker, cheaper and less stressful o its also private, stays out of the news The primary obstruction is that people are upset. People are hurt in some way and they arent able to sit down and work out the problem without some sort of structured process for the communication to rest on. Arbitration: o Got to be big during WWII, Pres. Roosevelt put together groups of arbitrators who would go around and work out problems between war effort companies and their employees. This avoided long union negotiations or law suits and enabled the continued flow of goods to the US forces in Europe. o Has become more and more popular over the years. Court TV shows are usually arbitration. o Both sides agree to a contract which states at its core that neither side will go to court and will abide by the decision of the Arbitrator, who is agreed upon by both sides. Then there are the rules for the arbitration. This contract can slide from informal to very formal. o Once the Arbitrator listens to the both arguments they will make a decision which is just as legally binding as a court decision. o usually there is no course of appeal. Mediation: o Mediators do not have the power to render a decision. Mediators primary job is to calm people down and help them see whats in their best interests. Sounds wishy-washy but 92% of the time mediated disputes do not end up in court and are usually generally acceptable. Mediation usually ends in both sides agreeing to terms and signing a contract containing those terms. Supreme Court Justices: know these and what side they are on: o Liberals: Conservatives: o Stevens Kennedy o Ginsburg Thomas (Chief Justice) o Souter Roberts o Breyer Scalia Nothing is more vague than constitutional law. Constitutional liberties are sometimes written in as little as 10 words. The Constitution is pretty much all interpretation. There are some parts that are clear, but mostly it is up to the Supreme Court justices to determine. The differences between conservative and liberal elected officials is usually...
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- Spring '08