LGS 200 Chapter 3
LGS 200 Chapter 3 LGS 200 - 008
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LGS 200 - 008
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This 2 page Class Notes was uploaded by Conner Jones on Thursday February 4, 2016. The Class Notes belongs to LGS 200 - 008 at University of Alabama - Tuscaloosa taught by Charlye S. Adams in Summer 2015. Since its upload, it has received 196 views. For similar materials see Legal Environment of Business in Law and Legal Studies at University of Alabama - Tuscaloosa.
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Date Created: 02/04/16
Chapter 3 Alternate dispute resolution (ADR) Negotiation o Informal discussion by parties, with or without attorneys, with the goal of coming to a “meeting of minds” in resolution Mediation o Involves a neutral 3 party (mediator) Usually an expert in the field o Mediator talks face to face with parties to determine “common ground” o Advantages to mediation Brings parties together to determine mutually satisfactory resolution Reduces/eliminates hard feelings or bitterness Mediator is selected by parties Few rules Parties control own outcomes o Disadvantages to mediation Mediator fees No sanctions for failure to mediate in “good faith” No deadlines January 26, 2016 Arbitration o Neutral 3 party- issues legally binding decision Usually a panel of experts or respected gov’t officials o Federal Arbitration Act Enforces arbitration agreements such as Cle v Levco Doesn’t est. procedure but must be agreed upon by parties o Arbitration statutes Cleveland Construction Inc. vs Levco Construction Inc. (agreed to fight battle in arbitration in OH law and not TX court) o Arbitration process Submission Hearing Arbitrator’s decision o Enforcement of agreement Courts not involved unless contract needs enforcement Mandatory arbitration in contract must be followed if you sign contract meaning you cannot sue company in court of law o Disadvantages of arbitration Can be expensive Results can be unpredictable, arbitrators do not have to follow precedent of rules, procedure or evidence Arbitrators do not have to issue written opinions Generally, no discovery available
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