ADR alternate disputes resolutions NegotiationAdvantage inexpensive not complicated fast Downside Not binding MediationInvolves a independent NUETRAL 3rd party the mediator hired by conflicted party to solve dispute to get resolution Goal I to settle for rational solution to satisfy both parties If court mandated they must send info to judge 2 hours 20 hours most les than 8 hours Downside Not binding Advantage free look at their case what their defense is ArbitrationAdvantage Less expensive than court faster cheaper and can be binding to get resolution of the matter Disadvantage Discovery is limited Most formal of the 3 File a submission similar to a complain describes controversy breach of contract identifies the parties in the dispute list the remedy or seeking make a choice if binding or not binding to start process Mediator and arbitrator If non binding fancier mediation If binding its arbitration After submission they set hearing date Not trial less formal Decides how many arbitrators Have mini trial Opening arguments Evidence presented Witnesses can be called Cross exam of witnesses Closing Argument All presented to arbitrator not a judge The decision by the arbitrator is called an award typically 3 weeks to get award Award is binding but some exceptions Fraud Bias Arbitrator Incompetent Arbitrator hardest to show 1 in a million to overturn Clauses Almost every contract has an arbitration clause Forum protect yourself so that you re arbitrating in your backyard Want to say in event of dispute that the arbitration will be in certain state advantage of home court Language want in your language don t want to loose anything in translation Choice of Law Choice of your own states law in event of dispute they will use WV law Rules matter will be arbitrated following rules of of arbitrators in my clause want to be quick don t spend time arguing about how many a lot of times its three one side other side and then those selected choose one Discovery interrogatory questions sent to the opposing side to answer questions for case 50 100 interrogatories that are relevant Can limit discovery so you re not tied up for years Most important decided in clause weather its binding or non binding