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Chapter Thirteen

Chapter Thirteen. Alternative Dispute Resolution. Alternative Dispute Resolution (ADR). Alternative dispute resolution involves resolving disputes outside the normal court process. Binding and Nonbinding ADR.

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Chapter Thirteen

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  1. Chapter Thirteen Alternative Dispute Resolution Hames/Ekern: Introduction to Law, 3rd edition

  2. Alternative Dispute Resolution (ADR) Alternative dispute resolution involves resolving disputes outside the normal court process. Hames/Ekern: Introduction to Law, 3rd edition

  3. Binding and Nonbinding ADR • Binding ADR exists where the parties have agreed to give up their right to court and to be bound by some method of ADR. • Nonbinding arbitration is frequently ordered by a court in which a civil dispute has originated. The courts hope that forcing the parties to go through ADR will enable them to resolve the dispute without a trial. Hames/Ekern: Introduction to Law, 3rd edition

  4. Negotiation • Negotiation is the process of discussing contested issues in an attempt to resolve disputes. • It is a process that requires no formalities. • It can take place at any time. Hames/Ekern: Introduction to Law, 3rd edition

  5. Arbitration • Arbitration is an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute. • An arbitrator presides over an arbitration hearing and renders a decision. • The decision of the arbitrator in an arbitration hearing is called an arbitration award. Hames/Ekern: Introduction to Law, 3rd edition

  6. Mediation • Mediation is an informal out-of-court dispute resolution process; a mediator, or neutral person, assists the parties in reaching an agreement • The mediator does not decide the disputed issues, but rather tries to get the parties to reach an agreement. Hames/Ekern: Introduction to Law, 3rd edition

  7. Other Methods of ADR • Mini-Trial • Court-Related ADR • Private Judges • Special Masters • Discovery Referees Hames/Ekern: Introduction to Law, 3rd edition

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