arbitration

arbitration - - confidential, Uniform Meditation Act-...

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Alternative Dispute resolution(ADR) : resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, neutral, evaluations and private trials - faster/ cheaper - Alternative Dispute Resolution Act 1998 Negotiation - disputing parties interact informally , with or without lawyers to resolve their dispute - must have goals for negotiation - adversarial negotiation: each party seeks to maximize its own gain - problem-solving negotiation: parties seek joint gain Meditation - disputing parties select a neutral third party to help facilitate communication and suggest ways for the parties to solve their dispute - third party is an expertise in the field of dispute - mediator is provided with a short brief by each party - guides each party to listening and responding to each other in a civil manner and then finds a solution
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Unformatted text preview: - confidential, Uniform Meditation Act- allows parties to maintain a working relationship- keeps disputes out of the courtroom Arbitration- all of the above with the exception that the arbitrator are retired judges, lawyers etc as well as current workers of the judicial system- more formal then a meditation- arbitration hearing is similar to a trial- introduce witnesses/documents BUT no official record is kept of the trial- arbitrators decision is legally binding and can be appealed and is called an award- people concerned about the privacy associated with it- arbitration can be secured- binding arbitration clause: contract mandates all disputes must be settled by arbitration- submission agreement: contract with all details of the arbitration...
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This note was uploaded on 02/24/2011 for the course AEM 3210 taught by Professor Grossman,da during the Fall '07 term at Cornell.

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