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LS420 – Unit 1
Overview of Alternative
Dispute ResolutionScott's Notes
Today's Seminar Agenda
Tonight's action-packed agenda includes:
Review of course outcomes
Personal Introductions & Technology
Overview of the entire course through Unit 10
In-Depth overview of Unit 1
Parting Comments
Course Outcomes
PA412-1 Compare and contrast negotiation, mediation, and arbitration
PA412-2 Assess the alternative dispute resolution method suitable in a given situation
PA412-3 Design a plan for hypothetical negotiation, mediation, and arbitration scenarios.
GEL-1.1 Demonstrate college-level communication through the composition of original materials in Standard American English.
GEL-4.1 Describe the historical events that influence contemporary culture.
Personal Introductions and Technology
Where are you, and how's the weather?
Why are you taking this class and how many terms do you have left before graduation?
What is your legal experience, if any?
Do you have personal experience with ADR?
What kind of computer and what browser are you using?
Unit 1 To-Do List
Read Chapters 1 and 2
Review Key Terms
Participate in the Discussion Board
Attend the Seminar
Take the Quiz
Unit 1 Outcomes
Identify the varied dispute resolution processes
Identify the basic characteristics of each dispute resolution process
Distinguish each process from the others
Identify the process types: unilateral, bilateral, or third-party
Identify where each dispute resolution process falls on a spectrum of intrusiveness into the parties' negotiations
Identify the participants in each process
Explain the role of each participant in each process
Unit 2 Outcomes Show that unilateral action can involve both parties to the dispute
Examine how unilateral action can include inaction, acquiescence, and self-help
Explain how one party chooses the ADR process and resolution in a unilateral action
Illustrate how inaction may be used by either party to the dispute
Demonstrate that acquiescence may mean acting or not acting
Create a case brief illustrating that self-help can be exercised based on common law, statute, or contract
Discover how and when self-help can be illegal
Unit 3 Outcomes Demonstrate knowledge of negotiation as a bilateral dispute resolution process
Identify and explain steps in the negotiation process
Compare negotiation to other ADR choices
Plan a negotiation strategy from a scenario
Integrate negotiation strategies into practice
Write a summary of the negotiation process as utilized in practice
Demonstrate knowledge of ENE
Demonstrate knowledge of a summary jury trial
Explain the uses of ENE and summary jury trials
Unit 4 Outcomes
Demonstrate an understanding of mediation
Explain the steps in mediation
Recognize the qualities needed of mediators
Recognize power imbalances between parties in mediation
Integrate an understanding of ethics into mediation decisions
Prepare mediation positions based on fact scenarios
Understand the importance of uniformity in mediation statutes
Unit 5 Overview
Reflection and Thinking (and Catching Up)
Unit 6 Outcomes
Explain the steps of court-ordered mediation
Recognize the court's role in mediation
Recognize the role of attorneys in court-ordered mediation
Integrate an understanding of mediation into the litigation process
Prepare summaries of the mediation process
Explain the steps in a mini-trial
Unit 7 Outcomes
Explain the steps of court-annexed arbitration
Recognize the court's role in arbitration
Recognize the role of attorneys in court-ordered arbitration
Integrate an understanding of arbitration into the litigation process
Prepare summaries of the arbitration process
Unit 8 Objectives
Explain the steps in litigation
Recognize the court's role in promoting ADR in litigation
Recognize the role of litigation in ADR methods
Integrate an understanding of the litigation process with ADR methods
Prepare summaries of the litigation process and indicate where ADR may intervene
Unit 9 Objectives
Explain the role of predispute ADR clauses in contracts
Recognize the implications of predispute ADR clauses
Recognize the rights often relinquished by consumers in ADR contract clauses
Integrate an understanding of ADR contract clauses with litigation review
Analyze court rulings dealing with the Federal Arbitration Act
Combine mediation with arbitration to perform med-arb
Unit 10 Overview
Another round of reflection and catch-up, as well as your chance to judge the job performance of the course and of your professor.
Chapter 1 – Methods of Dispute Resolution
Unilateral Action: Inaction, Acquiescence, Self-Help
Bilateral Action: Negotiation
Third-Party Evaluation as a Prelude to Dispute Resolution – could be an Early Neutral Evaluation or a Summary Jury Trial
Third-Party Assistance in Dispute Resolution: Ombuds, Private and Court-Sponsored Mediation, Mini-Trial
Third-Party Adjudication: Private and Court-Annexed Arbitration, Mediation-Arbitration, Litigation and Private Judging
Comparing Dispute Resolution Processes
Chapter 2 – The Participants
The Party or Parties
The Attorney
The Paralegal
The Neutral Third Party
The Jury
Unit 1 Discussion – ADR ProcessesPractice Scenario: Lisa's parents recently passed away. Lisa inherited a sum of money and an old farmhouse on the back acreage. Her brother, Tom, got the main house, farm, and machinery. The old farmhouse was occupied by the farm's hired hand, who has been let go. Lisa was promised the farmhouse and an acre from her parents.
However, Tom now says that the farmhouse and acre need to be surveyed and split from the main farm so that Lisa can insure and maintain it. Lisa has no problem with that, but thinks Tom should pay the $5,000 fee for the work, since Tom's insurers and bankers are the ones demanding it.
Tom says Lisa should pay, and that she cannot access the house until the land and house are split off and put into her name.
The parties have agreed to attempt to resolve their dispute via ADR.
Discuss which method you feel would best serve the interests of your client Lisa or Tom (your choice of client). Why is this process the best?
Unit 1 Discussion – Role of Paralegal
What is the paralegal’s role in ADR? Respond and then read and comment on your classmates' posts.
You'll notice that I go well beyond the text and other resources to suggest that the paralegal can be a very important part of a litigation team, by realizing and remembering that litigation – even ADR – is an adversarial process.
Please make note of the DB Rubrics, which are in Doc Sharing.
Unit 1 Quiz Topics
Unit 1: Overview of ADR Quiz: 10 questions – 30 minutes
Relative costs of different dispute resolution procedures;
Availability of trial de novo
The difference between an “award” and a “judgment”
Which procedures result in a “binding” result
Unilateral vs Bilateral Action
Roles of different kinds of decision makers
Role of the Paralegal
Goodnight!
We’ll be together again in 6 days and
23 hours!