Chapter 5 - Alternative Dispute Resolution

Chapter 5 - Alternative Dispute Resolution - o Expertise o...

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Alternative Dispute Resolution (Chapter 5) Procedures for settling disputes by means other than litigation Settlement (95% of cases) Resolution reached through direct negotiations between the parties Voluntary vs. Mandatory Arbitration Voluntary arbitration arises when the disputing parties agree to arbitrate their dispute Mandatory arbitration arises when the court orders it Arbitration Selecting an arbitrator o Typically selected by agreement between the parties
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Unformatted text preview: o Expertise o Number of arbitrators o Scope of authority Judicial Review of Arbitrators Decision o Voluntary arbitration Decision overruled by a court only if: Arbitrary Obtained via fraud Contrary to public policy o Mandatory arbitration Judicial review is available if one party is dissatisfied with result Due process requires the availability of judicial review Federal Arbitration Act...
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