Alternative Dispute Alternative Dispute Resolution Resolution Chapter 5 Chapter 5 Alternative Dispute Alternative Dispute Resolution Resolution Alternative Dispute Resolution Alternative Dispute Resolution Procedures for settling disputes by Procedures for settling disputes by means other than litigation means other than litigation Over 90 of cases are settled before Over 90 of cases are settled before trial trial Alternative Dispute Alternative Dispute Resolution Resolution Settlement Settlement Resolution reached through direct Resolution reached through direct negotiations between the parties negotiations between the parties Alternative Dispute Alternative Dispute Resolution Resolution Arbitration Arbitration Submitting a dispute to a neutral third Submitting a dispute to a neutral third party who issues a binding decision party who issues a binding decision Alternative Dispute Alternative Dispute Resolution Resolution Arbitration Arbitration Selecting an arbitrator Selecting an arbitrator Typically selected by agreement between Typically selected by agreement between the parties the parties Expertise Expertise Number of arbitrators Number of arbitrators Alternative Dispute Alternative Dispute Resolution Resolution Arbitration Arbitration Process Process Hearing Hearing Award Decision Award Decision Alternative Dispute Alternative Dispute Resolution Resolution Mediation Mediation Similar to arbitration only not a binding Similar to arbitration only not a binding process process Allows the parties to retain control over Allows the parties to retain control over whether and when to settle whether and when to settle ADR Methods ADR Methods In order of party control In order of party control Negotiation Negotiation Mediation Mediation Med Arb Med Arb Arbitration Arbitration Litigation Litigation Negotiation Med Arb Litigation Mediation Arbitration 88 Classic ADR Models Classic ADR Models NEGOTIATION MEDIATION ARBITRATION How represented By selves or counsel By selves or counsel By counsel Who decides Parties Parties If binding arbitrator Rules and procedures Standard for resolution Parties decide Parties decide Mutual agreement Mutual agreement Arbitration rules such as AAA Arbitrator s sense of fairness How enforced Enforceable contract Enforceable contract By courts Who pays Each pays his own Parties decide Parties decide 99
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