exam #2 - Marko Urlic Dispute Resolutions May 15, 2009...

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Marko Urlic Dispute Resolutions May 15, 2009 Prof. Coulter Exam II There are several alternative dispute resolutions. The most common include arbitration, mediation, settlement negotiations, early neutral evaluation, conciliation, facilitation, mini-trials and summary jury trials. While these methods are not always appropriate, they each offer advantages over the traditional adversarial process. Arbitration is a private and adversarial dispute resolution process in which the parties choose one or more arbitrators to hear their dispute and render a decision or an award after a hearing. Arbitrations can be binding or nonbinding, depending on the terms of the parties’ business agreement. Also, arbitration agreements can provide, among other things, who will hear and decide the dispute. Therefore, when the subject matter is highly technical, arbitrators with an appropriate degree of expertise can be selected. Arbitrations are also desirable because they’re less formal than litigation and often include streamlined procedures and rules of evidence. For instance, arbitration may begin with a simple letter to the arbitrator explaining the dispute and referring to the contract’s arbitration provision. Technical pleading requirements aren’t an issue, there’s no requirement for transcripts and the proceedings aren’t public record. Moreover, although the arbitrator can require the production of relevant documents and depositions of witnesses, discovery isn’t extensive. In certain types of disputes, such as those involving securities, the arbitration process is more involved and may be lengthy and expensive. However, in comparison to formal court litigation, arbitration generally
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exam #2 - Marko Urlic Dispute Resolutions May 15, 2009...

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