QST LA 245 Chapter Notes - Chapter 3: Alternative Dispute Resolution, United States Court Of Appeals For The Federal Circuit, Jury Trial
Document Summary
Three fundamental areas of law: litigator a lawyer who handles court cases. Alternative dispute resolution: litigation refers to lawsuits, the process of filing claims in court, and ultimately going to trial, alternative dispute resolution is any other formal or informal process used to settle disputes without resorting to a trial. Alternative dispute resolution: the different types include: Negotiation: the majority of disputes are resolved this way. Mediation: here, a neutral person, called a mediator, attempts to coax the two disputing parties toward a. It probably offers the strongest win-win potential because the goal is voluntary settlement, so neither party needs to fear that it will end up the loser. It is particularly valuable to parties that wish to preserve a long-term relationship. Mandatory arbitration: this variation contains one big difference: the parties agree in advance, at times, through contracts, to arbitrate any disputes that may arise.