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litigation pt 3 - The Legal and Ethical Environment of...

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BUL 3310 - Chapter 04 1 Class 6, Litigation Part III: Alternatives for Resolving Controversies The Legal and Ethical Environment of Business
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BUL 3310 - Chapter 04 2 1. Reasons to Settle 2. Mediation 3. Sample Confirmation of Settlement Letter and Release and Indemnity Agreement 4. Arbitration Advantages 5. Types of Arbitration Systems 6. General Aspects of Arbitration 7. The Submission 8. The Award 9. Procedures in Arbitration 10. Judicial Review of Arbitration Issues 11. Review Questions CLASS 6: ALTERNATIVE DISPUTE RESOLUTION
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BUL 3310 - Chapter 04 3 Personal Most dislike trouble, publicity, and fear going to trial Economic Lawsuits are expensive Public image and goodwill of customers Juries are sympathetic to individuals against corporations or insurance companies. Obligations of Lawyers Most inquiries for legal advice result in settlement without litigation. Most litigation results in settlement prior to trial. Many lawyers are hired to negotiate their clients dispute, not litigate the dispute. 1. Reasons to Settle
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BUL 3310 - Chapter 04 4 The process involving a third party’s efforts to help disputing parties reach a settlement. Mediator has no decision making authority – parties have to consent to settlement. Many laws and courts require mediation either prior to filing suit or prior to setting a trial. Some give trial judges the discretion to order cases to mediation. Example: Nebraska Rev. Stat. § 25-2943: “A court may refer a civil case to mediation or another form of alternative dispute resolution and, unless otherwise ordered following a hearing upon a motion to object to such referral, may state a date for the case to return to court.” Congress favors mediation – for example, the Magnuson-Moss Warranty Act provides that if a business adopts an informal dispute-resolution system to handle complaints about its product warranties, then a customer cannot sue the manufacturer or seller for breach of warranty without first going through the informal procedures.
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