Alternative Dispute ResolutionSlide 2Slide 3Slide 4Slide 5Slide 6Slide 7ADR MethodsClassic ADR ModelsAlternative Dispute Alternative Dispute ResolutionResolutionChapter 5Chapter 5Alternative Dispute Alternative Dispute ResolutionResolutionAlternative Dispute Resolution Alternative Dispute Resolution Procedures for settling disputes by Procedures for settling disputes by means other than litigationmeans other than litigationOver 90% of cases are settled before Over 90% of cases are settled before trialtrialAlternative Dispute Alternative Dispute ResolutionResolutionSettlementSettlementResolution reached through direct Resolution reached through direct negotiations between the partiesnegotiations between the partiesAlternative Dispute Alternative Dispute ResolutionResolutionArbitrationArbitrationSubmitting a dispute to a neutral third-Submitting a dispute to a neutral third-party who issues a binding decisionparty who issues a binding decisionAlternative Dispute Alternative Dispute ResolutionResolutionArbitrationArbitrationSelecting an arbitratorSelecting an arbitratorTypically selected by agreement between Typically selected by agreement between the partiesthe partiesExpertiseExpertiseNumber of arbitratorsNumber of arbitratorsAlternative Dispute Alternative Dispute ResolutionResolutionArbitrationArbitrationProcessProcessHearingHearingAward / DecisionAward / DecisionAlternative Dispute Alternative Dispute ResolutionResolutionMediationMediationSimilar to arbitration, only not a binding Similar to arbitration, only not a binding processprocessAllows the parties to retain control over Allows the parties to retain control over whether and when to settlewhether and when to settle88ADR MethodsADR MethodsIn order of party control:In order of party control:NegotiationNegotiationMediationMediationMed/ArbMed/ArbArbitrationArbitrationLitigationLitigationNegotiation Med/Arb Litigation Mediation Arbitration99Classic ADR ModelsClassic ADR ModelsNEGOTIATION MEDIATION ARBITRATIONHow represented By selves or counsel By selves or counsel By counselWho decides Parties Parties If binding, arbitratorRules and proceduresParties decide Parties decide Arbitration rules, such as AAAStandard for resolutionMutual agreement Mutual agreement Arbitrator’s sense of fairnessHow enforced Enforceable contract Enforceable contract By courtsWho pays Each pays his own Parties decide Parties
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