Unformatted text preview: ation)
non-binding q Outcome may be less predictable than court q Court – independent of parties & publicly
q Less than 10% of cases reach trial. q Negotiation is informal discussion of
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
thorough preparation, from a position
of Assisted Negotiation
q Mini-Trial: Attorneys for each side
informally present their case before a
mutually agreed-upon neutral 3rd party (e.g., a
retired judge) who renders a non-binding
“verdict.” This facilitates further discussion
and q Expert evaluations. q Conciliation: 3rd party assists in reconciling
q Involves a neutral 3rd party (mediator). q Mediator talks face-to-face with parties
(who typically are in different adjoining
rooms) to determine “common
q Advantages: few rules, customize
process, parties control results (winprocess,
win). q Disadvantages: mediator fees, no
q Many labor contracts have binding
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
q Case begins with a submission to an
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
arbitration clause in contract or arbitrator’s
award needs enforcement.
award Arbitration Disadvantages
q Results may be unpredictable because
arbitrators do not have to follow
precedent or rules of procedure or
evidence. q Arbitrators do not have to issue written
opinions. q Generally, no discovery available....
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- Summer '08
- Supreme Court of the United States, Federal Court jurisdiction