Chapter 2

Up procedural protections of judicial give process

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Unformatted text preview: ation) non-binding q Outcome may be less predictable than court q Court – independent of parties & publicly Court funded funded Negotiation Negotiation q Less than 10% of cases reach trial. q Negotiation is informal discussion of Negotiation the parties, sometimes without attorneys, where differences are aired with the goal of coming to a “meeting of the minds” in resolving the case. of q Successful negotiation involves Successful thorough preparation, from a position of strength. of Assisted Negotiation Assisted q Mini-Trial: Attorneys for each side Mini-Trial: informally present their case before a mutually agreed-upon neutral 3rd party (e.g., a mutually retired judge) who renders a non-binding “verdict.” This facilitates further discussion and settlement. and q Expert evaluations. q Conciliation: 3rd party assists in reconciling differences. differences. Mediation Mediation q Involves a neutral 3rd party (mediator). q Mediator talks face-to-face with parties Mediator (who typically are in different adjoining rooms) to determine “common ground.” ground.” q Advantages: few rules, customize Advantages: process, parties control results (winprocess, win). q Disadvantages: mediator fees, no Disadvantages: Arbitration Arbitration q Many labor contracts have binding Many arbitration clauses. q Settling of a dispute by a neutral 3rd party (arbitrator) who renders a legally-binding decision; usually an expert or welldecision; respected government official. respected Arbitration Process Arbitration q Case begins with a submission to an Case arbitrator. Next comes the hearing where parties present evidence and arguments. Finally, the arbitrator renders an award. Finally, q Courts are not involved in arbitration unless Courts arbitration clause in contract or arbitrator’s award needs enforcement. award Arbitration Disadvantages Arbitration q Results may be unpredictable because Results arbitrators do not have to follow precedent or rules of procedure or evidence. evidence. q Arbitrators do not have to issue written Arbitrators opinions. opinions. q Generally, no discovery available....
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This note was uploaded on 09/17/2013 for the course BLAW 3201 taught by Professor Fry during the Summer '08 term at LSU.

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