tailieunhanh - Lecture Dynamic business law (3/e) - Chapter 4: Alternative dispute resolution

In this chapter, students will be able to understand: What are the primary forms of alternative dispute resolution? What are other ADR methods? What is court-annexed ADR? How is ADR used in international disputes? | Chapter 4 Alternative Dispute Resolution Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 4: Alternative Dispute Resolution Alternative Dispute Resolution Definition: 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 4- “Alternative dispute resolution” involves 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. 4- Questions to Ask When Selecting a Dispute Resolution Method How concerned am I about keeping costs low? How quickly do I want to resolve the dispute? Do I want to keep the dispute private? Do I want to protect the relationship between the disputing parties? Am I concerned about vindication? Do I want to set a precedent with the resolution of my disputes? There are several questions to address when selecting a dispute resolution method, including: How concerned am I about keeping costs low?; How quickly do I want to resolve the dispute?; Do I want to keep the dispute private?; Do I want to protect the relationship between the disputing parties?; Am I concerned about vindication?; and Do I want to set a precedent with the resolution of my disputes? 4- Primary Forms of Alternative Dispute Resolution Negotiation Mediation Arbitration The primary forms of alternative dispute resolution are negotiation, mediation, and arbitration. 4- Advantages of Arbitration More efficient than litigation Less expensive than litigation Parties have more control over the process of dispute resolution (parties choose the arbitrator and determine how formal the process will be) There are several advantages to arbitration as a form of alternative . | Chapter 4 Alternative Dispute Resolution Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education. Chapter 4: Alternative Dispute Resolution Alternative Dispute Resolution Definition: 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 4- “Alternative dispute resolution” involves 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. 4- Questions to Ask When Selecting a Dispute Resolution Method How concerned am I about keeping costs low? How quickly do I want to resolve the dispute? Do I want to keep the dispute private? Do I want to protect the relationship between the disputing parties? Am I