Bilateral Action in Alternative Dispute Resolution PA412 – Unit 3 Bilateral Action in Alternative Dispute Resolution Scott's Notes

Today's Seminar Agenda Tonight's Seminar includes: Review of Unit 2 – Unilateral Action in ADR In-Depth overview of Chapter 6: Negotiation In-Depth overview of Chapter 7: Early Neutral Evaluation In-Depth overview of Chapter 8: Summary Jury Trials Focus List for Unit 3 Quiz Parting Comments

Review of 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

Review of Unit 2 Discussion Board In Unit 2 we had one discussion thread: 1. Why would Kathleen decide to pay Eddie’s Brake Shop to have her brakes replaced rather than go back to Friendly Motors and try to have her brakes replaced for free? 2. If Kathleen takes her car back to Friendly Motors and they refuse to replace her brakes on the grounds that she had purchased the car “as is” (i.e., without any express or implied warranties), should she take her problem to an Attorney? 3. What would you do? Then on the Discussion Board, reflect upon your own conduct in conflicts you have experienced. Have you ever used inaction as a method of dispute resolution? Describe the circumstances which led you to use this method. Why did you choose that method over others? Please explain.

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 3 To-Do List Read Chapters 6, 7, and 8 Review Key Terms Participate in the Discussion Board Attend the Seminar Take the Quiz

Unit 3 Discussion This week we have two discussion threads: The first DB is about Negotiation: Give an example of a negotiation tactic you have used in your life, whether it was at home, at work, or elsewhere. Explain the situation and why you chose the tactic you did. Post your response and comment on the work of other students. The second discussion is about ADR Methods: Of the three ADR methods discussed in this unit, which do you believe is the least expensive? Which method should be used in the following settings: a dispute between two corporations concerning trademarks, a family business dispute about salaries, and a dispute concerning nuisance abatement of a corporate hog farm by residents. Post your response and discuss with the class.

Chapter 6 – Negotiation Preparing for Negotiation Selecting a Negotiation Strategy Executing the Negotiation Strategy: When, Where and How Enforcing a Negotiated Agreement Negotiating in Bad Faith The Advantages and Disadvantages of Negotiation as a Dispute Resolution Process

Chapter 7 – Early Neutral Evaluation The Early Neutral Evaluation Process It forces both sides to confront their strengths and weaknesses It identifies the facts and law that are Not in dispute It streamlines discovery It provides and objective assessment of the case Advantages and Disadvantages of Early Neutral Evaluation

Chapter 8 – Summary Jury Trials The Summary Jury Trial Process Conducted by a real judge Non-Binding Lawyers, not witnesses, present evidence Six or Twelve person jury Advantages and Disadvantages of Summary Jury Trials

Unit 3 Quiz Topics Unit 3: Bilateral Action Quiz: 10 questions – 30 minutes This time you get to take the Quiz only once! Three Questions on Negotiation One Question on ENN Three Questions on ENS Three Questions on Summary Jury Trials

Preview of Unit 4 Mediation This unit introduces the use of private mediation as a dispute resolution technique. Students will participate in a mediation scenario, obtain insight into the roles of the mediator and parties involved in mediation. You will apply concepts of mediation to the scenario including the steps involved as well as the pertinent ethical issues.

We only have to wait six days and 23 hours for our next Seminar. Goodnight! We only have to wait six days and 23 hours for our next Seminar.