Judicial, Administrative, Alternative, and Online Dispute Resolution PowerPoint Slides to Accompany CONTEMPORARY BUSINESS AND ONLINE COMMERCE LAW 6th Edition by Henry R. Cheeseman Chapter 4 Judicial, Administrative, Alternative, and Online Dispute Resolution Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.

The Pretrial Litigation Process 1. Pleadings 2. Discovery 3. Dismissals and Pretrial Judgments 4. Settlement Conference Copyright © 2009 by Pearson Prentice-Hall. All rights reserved. 4

The Trial Pursuant to the Seventh Amendment to the U.S. Constitution, a party to an action at law is guaranteed the right to a jury trial in cases in federal court. Most state constitutions contain a similar guarantee for state court actions. If either party requests a jury, the trial will be by jury If both parties waive their right to a jury, the trial will be without a jury. Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.

Phases of a Trial Jury Selection Opening Statements The Plaintiff’s Case The Defendant’s Case Rebuttal and Rejoinder Closing Arguments Jury Instructions Jury Deliberation Entry of Judgment Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.

The Appeal In a civil case, either party can appeal the trial court’s decision, once a final judgment is entered In a criminal case, only the defendant can appeal Notice of appeal must be filed within a prescribed time after judgment is entered to the appropriate appellate court. Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.

Alternative Dispute Resolution (ADR) Nonjudicial means of resolving legal disputes Developed in response to the expense and difficulty of bringing a lawsuit ADR usually saves time and money of costly litigation Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.

Types of ADR Arbitration Mediation Conciliation Judicial Referee Minitrial Fact-Finding Judicial Referee Mediation Conciliation Arbitration Break-even Analysis identifies profit or loss at various sales volumes Return on Investment measures productivity of assets Marginal Analysis compares the additional cost in a particular decision rather than average cost Game Theory mathematical models that analyze multi-party decision contexts Linear Programming for optimally solving resource allocation problems Queuing Theory for calculating waiting lines Copyright © 2009 by Pearson Prentice-Hall. All rights reserved. 5

Key ADR Legislation Federal Arbitration Act Uniform Arbitration Act Arbitration agreements involving commerce are valid, irrevocable, and enforceable contracts. Uniform Arbitration Act Adopted by half of the states Promotes the arbitration of disputes at the state level Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.