Chapter 3 Dispute Resolution Outline

Chapter 3 Dispute Resolution Outline - Chapter 3 Dispute...

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Chapter 3 Dispute Resolution Outline I. Three Fundamentals Areas of Law a.i. Alternative dispute Resolution, structure of the court system, and civil lawsuits a.ii. Litigator: a lawyer that handles court cases b. Litigation vs Alternative Dispute Resolution b.i. Litigation: refers to lawsuits, the process of filing claims in court and ultimately going to trial b.ii. Alternative dispute resolution: any other formal or informal process used to settle disputes without resorting to a trial; generally cheaper and faster than litigation II. Alternative Dispute Resolution a. Negotiation: most disputes are resolved this way; may last a few days or years b. Mediation: fastest growing in U.S.; a mediator attempts to coax the two disputing parties toward a voluntary settlement; does not render a decision but prod the parties toward an agreement they must earn the trust of both parties, listen closely try to diffuse the anger and fear and build the will to settle b.i. Advantages: two antagonist can speak freely; confidential; offers the strongest “win-win” potential; faster than litigation- may last up to few months; works for big and small c. Arbitration: parties bring in a neutral third party- BUT arbitrator has the power to impose an award; issues a binding decision; arbitration ensure s that there will be a final result; faster and cheaper than litigation; gives up discovery: allows the two sides to obtain before trial documentary and other evidence from the opponent; eliminates class action: is a suit in which one injured party represents a large group of people who have suffered similar harm d. Mandatory Arbitration: the parties agree in advance to arbitrate any disputes that may arise III. Court Systems a.i. US has over 50 systems of courts: federal courts and state courts b. State Courts (exhibit 3.1 pg 46) b.i. Trial Courts : only court to hear testimony from witnesses and receive evidence: determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions; only one judge and may have jury b.ii. Jurisdiction: refers to a court’s power to hear a case b.iii. Trial Courts of Limited Jurisdiction: examples are small claims courts, juvenile courts, probate court (settling estates of deceased persons) b.iv. Trial Courts of General Jurisdiction: can hear a very broad range of cases; most important court being the general civil division- may hear virtually ant civil lawsuit
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Chapter 3 Dispute Resolution Outline - Chapter 3 Dispute...

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