Lesson_02 - Printable Lesson Materials Print these...

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Printable Lesson Materials 13218 NE 20th Street Bellevue, WA 98005 425-747-7272 800-221-9347 www.rockwellinstitute.com Print these materials as a study guide This portion of your printable materials consists of dozens of frames that summarize the content in this lesson. The frames are arranged on the page to make it easy for you to study the material and add your own notes from your textbook or the online course. Graphic Summaries Many students learn best from sets of questions, and this multiple choice quiz allows you to focus your review of the material to important topics. Quizzes These printable materials allow you to study away from your computer, which many students find beneficial. These materials consist of two parts: graphic summaries of the content and a multiple choice quiz . © 2009 Rockwell Institute
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1 California Real Estate Law © Copyright 2007 Rockwel Publishing, Inc. Lesson 2: Resolving Legal Disputes © Copyright 2007 Rockwel Publishing, Inc. Introduction This lesson will discuss: l alternative dispute resolution l phases of litigation l enforcing judgments l appeal © Copyright 2007 Rockwel Publishing, Inc. Alternative Dispute Resolution Negotiated settlement: parties might compromise l Parties meet, present initial positions l Negotiations, rounds of offers and counteroffers l If parties reach agreement, lawyer drafts settlement agreement l Quick, final, cheap Negotiated settlement
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2 © Copyright 2007 Rockwel Publishing, Inc. Alternative Dispute Resolution If negotiations ? compromise, then parties may try mediation or arbitration. Mediation : negotiation with help of neutral third party l Mediator helps negotiations move along l Not binding Mediation © Copyright 2007 Rockwel Publishing, Inc. Alternative Dispute Resolution Costs usually split by parties. l Volunteer mediators = free or cheap l Complex disputes need specialized mediators that cost more. Mediation costs © Copyright 2007 Rockwel Publishing, Inc. Alternative Dispute Resolution Arbitration : formal hearing of case, lawyers on both sides l Like a mini-trial w/o jury l Voluntary or involuntary l Arbitrators more conservative than juries in awarding damages Arbitration
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© Copyright 2007 Rockwel Publishing, Inc. Arbitration Involuntary arbitration: l required by statute or court order l nonbinding, parties can appeal Involuntary arbitration © Copyright 2007 Rockwel Publishing, Inc. Arbitration Voluntary arbitration: l agreed upon in contracts l also called mandatory arbitration l binding, can’t appeal unless misconduct Voluntary arbitration © Copyright 2007 Rockwel Publishing, Inc. Arbitration Court overturns binding arbitrations if arbitrator’s decision caused by: l fraud l corruption l other misconduct Complaining party must show misconduct affected arbitration award. Arbitrator misconduct
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This note was uploaded on 09/27/2011 for the course BUS 100 taught by Professor Sherry during the Spring '11 term at Faculty of English Commerce Ain Shams University.

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Lesson_02 - Printable Lesson Materials Print these...

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