HSP_MGMT 2100 Lecture Notes - Lecture 5: Alternative Dispute Resolution, Arbitration Clause, Arbitration

• School: Mizzou
• Department: Hospitality Management
• Course: HSP_MGMT 2100
• Professor: Barry Langford

Document Summary

A lternative d ispute r esolution (mediation and arbitration) May be agreed at onset of dispute, designated in a contract or ordered by statute or rule. Ex) divorce cases must go through mediation before they can go to court in missouri. Impartial, trained third party known as a mediator attempts to facilitate a settlement. No power to conduct a hearing or issue an order. Mediator tries to get them to a settlement. Not all are attorneys, but a lot are. You must have been trained in the process of mediation. Normally will conduct individual/collective meetings, evaluate information, and make recommendations. Impartial, trained third party known as arbitrator conducts a contested hearing and makes a decision. Does not have to be a lawyer but often is. Probably an expert in the subject matter being argued. Binding means you can"t go to court later and have very little rights for appeal. Binding arbitration usually originates from a contract https://docs. google. com/document/d/1wsjjp3jhtejxxsga4ta1nlowkfnn8k4wzdagoxiujxs/edit.