Business Law 301 Exam 1 (mayfield fall 2009) Chapter 3

Litigation Considerations

Civil lawsuits filed in state or federal courts

Substantial pre-trial and trial costs

Time consuming

Formal proceedings (through attorneys with indirect involvement of the parties)

Settlement discussions often occur late in the process (after discovery)

Appeals can extend litigation beyond the trial

Collecting on judgments can be difficult

Alternative dispute resolution (ADR) is....

any means of settling a dispute outside the courtroom.

Name the types of alternative dispute resolution.

nNegotiation

nMediation

nArbitration.

Alternatre dispute resolution can take place....

either before or after lawsuit is filed.

Advantages of Alternative Dispute Resolution are...

High success rate

Less formal and quicker process than litigation—and less expensive.

Direct involvement of the parties in crafting a solution

Confidential

Applicable for most civil matters

Sanctioned by federal and state courts

Describe a mediator. Do they impose a solution? Requirements for mediators are?

Neutral third party mediator (or “neutral”) facilitates communication between parties and guides them in a voluntary settlement process.

Mediators do not impose a solution on the parties.

Requirements for mediators

If mediation is successful, a written settlement agreement between the parties follows; if not, the parties may proceed with litigation.

Description of the process.

Describe arbitration

What is the process of arbitration?

What are Arbitration Provisions in Contracts?

Federal Arbitration Act reflects policy favoring arbitration...

Courts generally enforce arbitration agreements contained in contracts (i.e., tell the parties to arbitrate); however, courts may invalidate or modify certain provisions if...

Mandatory arbitration clauses in employment contracts are generally enforceable.

Some courts have overturned provisions in employment contracts requiring the parties to split costs when ...

If a losing party appeals an award to a court, the court will not review the merits of the case, but will only determine whether a valid award exists—and if so, the court will order the parties to comply with the award... Possible grounds for invalidating an award

Disadvantages of arbitration.

Court mandated mediation.

Skip sections 4, 5, 6, and 7.

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