LS420 – Unit 1 Overview of Alternative Dispute Resolution Scott'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 Processes Practice 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!