LEGL 2700 Ch.5 Reading Notes
LEGL 2700 Ch.5 Reading Notes LEGL 2700
Popular in Legal Studies
Popular in Department
verified elite notetaker
This 3 page Class Notes was uploaded by Jessica Su on Tuesday August 30, 2016. The Class Notes belongs to LEGL 2700 at University of Georgia taught by Lara Grow in Fall 2016. Since its upload, it has received 14 views.
Reviews for LEGL 2700 Ch.5 Reading Notes
Report this Material
What is Karma?
Karma is the currency of StudySoup.
Date Created: 08/30/16
● Alternate Dispute Resolution (ADR) Systems ○ Scale, lowest cost to highest cost ■ Negotiated settlement < Mediation < Arbitration < Focus Groups < Trial and Appeal ○ Settlement ■ Businesses tend to settle disputes with customers bc it is not good business from a goodwill and public relations standpoint to sue customer, and juries are frequently sympathetic to individuals who have suits against large corporations ○ Focus Group ■ The attorneys assemble a group of citizens and present their evidence. ■ Find out the weaknesses and strengths. This “reality test” helps disputing parties to engage in more meaningful negotiations and settle without going through trial ○ Arbitration ■ A third party walks in and decide the merits of the dispute ■ Getting more and more popular ■ Helps parties to avoid the expense of litigation and avoid formalities of the courtroom, such as formal pleadings, discovery, and the rules of evidence ■ No public records ■ Submission the process of beginning an arbitration proceeding ■ Voluntary arbitration the agreement of the disputing parties to use arbitration ● Irrevocable: a party thinks arbitration is not going well cannot withdraw from it and resort to litigation ● Predispute arbitration clause both parties show good judgement in understanding conflicts exist, conflicts give rise to disputes, and disputes are better resolved through arbitration rather than by litigation ● Postdispute arbitration clause agreement after parties already in dispute decide that arbitration is better than litigation ● Prefer predispute arbitration clause bc parties may not be able to find the common ground to agree to arbitrate ■ Mandatory arbitration the court requires parties to arbitrate ■ Award the decision of the arbitration; must be in writing; valid as long as it settles the entire controversy and states which party is to pay the other a sum of money ■ Most states require an agreement in voluntary arbitration since the goal was to obtain a quick solution ○ Arbitrators ■ Chosen by the disputing parties ■ Expert in such issue ● Ex. medical doctors can be used to decide health care disputes ■ No licensing requirement; however, an arbitrator often is chosen from a list of qualified arbitrators provided by the arbitrator service ■ Usually one or three. Three: each party selects one, and the two select the third one ■ Cannot appeal to the court unless there is evidence of overt corruption or misconduct ■ Arbitration would not get popular without ederal Arbitration Act ● FAA changed public policy perceptions of arbitration and how states can regulate its use ● Provides that an award can be cated if it can be proved that it was procured by “corruption, fraud, or other undue means” ○ “Undue means” = inappropriate or inadequate nature of evidence, unfair ● The party who chose that arbitrator is partial or corrupt ● Mandated Arbitration ○ Usually presented in 3 arbitrators ○ Arbitrators are usually practicing lawyers or retired judges ○ A record of proceedings is required ○ Types of Cases ■ Cases that deal with money with less than $15,000 ■ Cases in which a party has demanded a jury trial, as it can assumed that a judge hearing a case is as efficient as an arbitrator ○ Procedures ■ Place a claim in the arbitration track within the time of filing ■ A date and time of hearing are assigned, typically 8 months from the date of filing ■ Discovery before the hearing of arbitration ● Judicial Reviews ○ Reviews on Voluntary Arbitration Awards ■ The award is final, rarely reviewed ■ Exception: when the scope of an arbitration clause is debatable or reasonably in doubt ■ Even in this case, the award still cannot be set aside because both the parties agreed to accept the arbitrator’s view of the law ○ Review of Statutorily Mandated Arbitration ■ Treat it a level higher than voluntary arbitration ■ If the courts believe the arbitration is against the constitution, the dissatisfied party can reject the arbitrator’s award and seek a de novo judicial review of that rewards ● De novo means that the court tries the issues anew as if no arbitration occurred ● Mediation the process by which an unbiased and disinterested third person, called mediator, attempts to assist disputing parties in resolving their differences ○ Cannot impose a binding solution ○ A trial judge may require the disputing parties to submit to the mediation process before a complaint can be litigated formally ■ Purpose: decrease the caseload ○ Why did mediation grow? ■ The disputing parties retain control over when to settle and when to continue disputing ■ Cost savings compared to litigation and even arbitration since there is no presentation of evidence, the role of lawyers is reduced ■ One party can stop midway by simply stating that they will not participate further ○ Procedures ■ Mediator’s introduction and explanation of mediation ■ Parties’ opening statements ■ Parties’ exchange or negotiation ■ Brainstorm possible options ■ Agreement (written and signed) ■ Caucus private meetings of just one disputing party if the mediator thinks it is more productive that way ○ Disadvantage ○ No enforcement mechanism that ensures the parties will mediate in good faith ○ Both parties must agree on selecting one mediator