04-ADR - Alternative and Online Dispute Resolution C HAPTER...

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Unformatted text preview: Alternative and Online Dispute Resolution C HAPTER O UTLINE I. THE PROBLEMS OF COST AND COMPLEXITY Reasons for methods of alternative dispute resolution (ADR) include the complexity of litigation (complex rules, complicated facts) and its expense in time and money. II. NEGOTIATION AND MEDIATION Nonadversarial in naturethe goal is to find grounds for agreement. A. N EGOTIATION Parties come together informally, with or without attorneys, to try to settle or resolve their differences without involving independent third parties. Forms of ADR associated with negotiation include 1. Mini-trial A private proceeding in which attorneys briefly argue each partys case. A third party indicates how a court would likely decide the issue. 2. Early Neutral Case Evaluation Parties select a neutral third party (generally an expert) to evaluate their positions, with no hear ing...
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04-ADR - Alternative and Online Dispute Resolution C HAPTER...

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