{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Up procedural protections of judicial give process

Info icon This preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

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....
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern