BUL 4421 Lecture Notes - Lecture 4: Alternative Dispute Resolution
Document Summary
Used to settle claims between litigants in many different situations, circumventing the legal system. The resolution of legal disputes through methods other than litigation such as: negotiation, mediation, arbitration, summary jury trials, mini trials, neutral case evaluations and private trials. Questions to ask when selecting a dispute resolution method. Negotiation: parties that negotiate with or without their lawyers. Mediation: very common and it"s becoming even more common. Disputing parties select a neutral party to mediate, it doesn"t have to be a lawyer but mostly are lawyers. Mediation tries to facilitate an agreement between parties. Open communication alleviates bitterness to opposing party. Possibly of creative solution (not necessarily a monetary award) Critics argue that mediation is used to prologue the inevitable. Gives a lot of options to avoid litigation. Ard method in which a third neutral party, hears both parties cases and renders a binding decision. It doesn"t care if the parties don"t agree with the solution.
