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!