BLW 1001 Lecture Notes - Lecture 2: Trial De Novo, Alternative Dispute Resolution, International Arbitration

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9/12/16
Chapter two
Settlement Through Negotiation and Alternative Dispute Resolution
Mediation
- Voluntary Process
- Disputants make decisions.
Arbitration
- Binding outcomes
- Arbitrator makes decisions
- International arbitration
Mini-trial
- Refocuses dispute as business problem.
- Company executives make decisions.
Summary Jury Trial
- Similar to a mini-trial
- Conducted under court guidance.
- Mock jury renders a verdict to help parties settle.
Private Judge
- Hired judge renders an opinion.
Other dispute resolution methods
- Ombudsman
- Mediation/arbitration
The Courts
Dispute resolution mechanism of last resort.
- Either party can bring a lawsuit to the courts.
- Courts can only decide cases with actual controversies.
Jurisdiction
- Personal Jurisdiction: Courts must have jurisdiction over the parties.
- Venue: Location in jurisdiction where the case must be heard.
- Moot (mock) trials.
Citizen
Consent
Personal service
Long arm statutes
State Courts
Setup of state courts varies from state to state.
Inferior Courts
- Not court of record
- No appeals, dissatisfied parties have new trials (trial de novo)
Example of Inferior Courts
- Municipal courts or justice of the peace courts
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