HSP MGMT 1133 1st Edition Lecture 5 Outline of Last Lecture I. 12 Step Civil Case Model- Continueda. Post-Trial Proceedingsb. Compliance Programc. Appeald. Procedure to Perfect an Appeale. Costs of Civil LitigationOutline of Current Lecture II. Methods of Dispute Resolutiona. Mediationb. ArbitrationIII. Litigationa. Small claims courtCurrent Lecture:Methods of Dispute Resolution-What Alternatives?- NEGOTIATION- settling your case without dispute- “ADR”-Alternative dispute resolution (Mediation and Arbitration)- Mediation- involves an impartial, trained, third party who attempts toreach a settlement between the two parties; mediation is a skill that These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.has to be learned, does not have to be an attorney- No power to conduct a hearing or issue an order, they only holdmeetings with the parties and then will make recommendations for settlements- Right to trial is preserved- so if you go through mediation you still have the right to go to court later- May be agreed at onset of dispute, designated in a contract or ordered by statute or rule - Arbitration- Impartial, trained third party known as arbitrator conducts a contested hearing and makes a decision; is not a judge but acts as a judge; many are attorneys but do not have to be, only have to be trained - Distinction between binding and non-binding arbitration- Binding- you have no right to a jury trial, and you have limited right to an appeal (only if there is fraud involved); usually originates from a contract- Nonbinding- you do have a right to go to court later andhave full rights of appeal; this gives the parties an opinion on their case- How does arbitration compare with litigation?- Privacy- arbitration is conducted in private; no adverse publicity- Formality- its more informal than a court process- Time and expense- arbitration is quicker and cheaper than a lawsuit- Specialization of the decision maker- arbitrator knows a lot about the issue being disputed, where judges are not experts in all areas- Predictability- juries can be unpredictable, arbitration does not have juries and arbitrators don’t get swayed by emotion the way that juries do- Right of Appeal-What grounds for appeal?o In arbitration you have very limited grounds for appeal- youcannot appeal an arbitrators decision by simply saying “the arbitrator was wrong” the way that you can in courtExamples of Mediation and Arbitration is business and hospitality settingsRecent cases Jamie Leigh Jones- she was an employee of a corporation, Haliburton (sp?), and as part of her employment she was asked to sign a contract, basically she had to agree to arbitrate instead of suing if there was a dispute between her and the company- LITIGATION SUMMARY JURY TRIALSSMALL CLAIMS COURT---Missouri Small claims court; aka Peoples courtWhy called "small"?- Limited jurisdictional amount of Judgment- limited to awarding $3,000 in Missouri Why called "People's" court?- Rules in small claims court---lawyers rules don't apply—Pleadings, Discovery, Evidence, Jury Trials- these things don’t exist in small claims court- Limited number of filings that you can make per year- in MO it’s 8 filings per
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