Chapter 3 notes
Chapter 3 notes BLAW 231
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This 2 page Class Notes was uploaded by Kathleen Notetaker on Sunday September 6, 2015. The Class Notes belongs to BLAW 231 at Missouri State University taught by Nancy Allen in Spring 2015. Since its upload, it has received 34 views. For similar materials see LEGAL ENVIRONMENT OF BUSINESS in Business Law at Missouri State University.
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Date Created: 09/06/15
Law 231 Chapter 3 Alternative Dispute Resolution I ADR Alternative Dispute Resolution can be as binding as a court decree a De ned i Any procedure or device for resolving disputes outside of the traditional judicial process courts b Advantages l Less expensive ii Less time consuming don39t have to wait to be on the docket iii Private does not take place in a court of law so not public records or press only parties get to know the facts of the controversy and the info presented 1 Chic l a employment disputes GM harassing do in private so press doesn39t nd out and tarnish business name ll Negotiation No Third party apem f Least formal sometimes without attorneys Parties come together Don39t want independent 3p that makes the decision Hole in apartment dispute w landlord talk it out decide and agree on who pays damages compromise Don39t need assistance of counsel can represent yourself but can have attorney representation Parties aren39t required to settle like in a court case lll Mediation 3p mediator a b LorhrDQp h Get together with expert Tell sides of the story and the expert listens and says heres what I recommend you do Oldest form Suggest purpose solutions for the parties to consider Usually an expert in the eld that the argument is about Different than negation because have involved a 3party 3p doesn39t have the power to force parties to do anything can only recommend i Can39t do sanctions court deadlines can39t stop the mediation for contempt behavior Advantages faster cheaper less hostile environment lV Arbitration 3p arbitrator apem People arb because they agreed to Contract Settling of a dispute by impartial third party Differences are the third parties decision is legally binding Decision of the arbitrator is as legally binding as a judge39s decision in a court of law Parties agreed to arbitrate agreement says what they are going to do is arbitrate Arb process i Submission 1 Complaint form ids parties disputes about the money involed and parties are bound by arbs award H Hea ng 1 Mini trial call witnesses cross examination offer evidence closing argument iii Award 1 Arb issues an award his decision on who wins and losses like a jury verdict usually explains why he or she decided they way that they did g FAA of 1925 federal arbitration act i Enforces the arbitrators decisions ii Compel arbitration need win party enters agreement to arb but then decide they would rather go to court iii Con rm award h Enforcement and Appeal i Enforcement of agreement to arbitratewill enforce this ii Appeal of arb39s award 1 Scope of review not equal set aside for mistake of Fact or Law 2 Set aside for misconduct fraud abuse of power iii Hooters v Phillips 1 Wanted all of their employees to sign an agreement that they would arbitrate instead of sue in court 2 Said if don39t sign then would never have promotion or a raise in the future 3 Court isn39t going to look at whether was harassed but if going to arbitrate or not 4 Hooters said in contract they could change the rules at any time 5 She got to sue Because court said that the contract was signed in a bad way because they were forced to sign it V International Resolution a Forum selection clause i Determines what jurisdiction which countries court will litigate if a dispute does arise b Arbitration clause i Agrees that any contract dispute will be decided by a 3rd party arbitrator so you won39t be sued in a certain country
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