BMGT 380 Lecture Notes - Lecture 4: Alternative Dispute Resolution, In Personam

• School: University of Maryland
• Department: Business and Management
• Course: BMGT 380
• Professor: Gideon Mark

Document Summary

Adr (alternative dispute resolution: alternative to litigation, adr devices: Parties have to agree to it, or it doesn"t happen. Federal arbitration act (faa)-requires courts to force arbitration agreements. We want to encourage arbitration because cheaper, less discovery required, depositions are rare. Big discovery in arbitration is usually document requests. Arbitrators have subject-matter expertise so they know your subject better. You always have 1 or 3 arbitrators-organizations whose business is to facilitate arbitrations. And then do arbitration which is usually at office of arbitrator- basically like trial but less formal: can last days or weeks. At the end the arbitrator will decide who wins: get a reward-gives a little detail and will say who won and how much they got. If you lose your arbitration you actually take your appeal to court. Chances of taking an appeal are rare because set forth by faa. One of the arbitrators starts dating other party or doesn"t disclose prior relationship with arbitrator.