1. A LTERNATIVE D ISPUTE R ESOLUTION Arbitration & Mediation

2. W HAT I S A RBITRATION ? Parties agree to let a third party neutral decide their case. Can be a single arbitrator or a panel of three (usually)

3. B ENEFITS OF A RBITRATION Less expensive Less time consuming Less formal Greater control over outcome

4. I S A RBITRATION B INDING ? Generally, yes but you may have to go to court to get it enforced. Losing party can also ask court to vacate arbitration order.

5. D ISCUSSION What types of cases are good for arbitration? Mandatory arbitration clauses are in many consumer contracts. Are these good for the consumer?

6. W HAT I S M EDIATION ? …"mediation" means the intervention into a dispute by a third party who has no decision making authority, is impartial to the issues being discussed, assists the parties in defining the issues in dispute, facilitates communication between the parties and assists the parties in reaching resolution.

7. A DVANTAGES OF M EDIATION Agreement is voluntary Process is confidential Can be quicker than litigation Can be less expensive if done early Non-adversarial Allows for creative solutions Informal Opportunity to maintain relationships

8. R OLE OF M EDIATOR The role of the mediator is to aid the parties in: identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, and finding points of agreement. An agreement reached by the parties is to be based on the decisions of the parties and not the decisions of the mediator.

9. M EDIATION IS INTEREST BASED : T HE GOAL IN MEDIATION IS TO GET THE PARTIES TO FOCUS ON THEIR NEEDS ( INTERESTS ) RATHER THAN THEIR WANTS ( POSITIONS ). I T IS IMPORTANT TO EXPLORE THE INTERESTS THAT BOTH PARTIES HAVE IN COMMON AND MOVE THE PARTIES TO A COMMON GOAL.

10. D ISCUSSION What types of scenarios are good for mediation? Does mediation have any societal benefits?

11. R EADING A SSIGNMENT : O NLINE ADR What is Cybersettle ? What types of cases are good for online ADR? What are the positives of online ADR? What are the negatives of online ADR?