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

2. 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

3. 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

4. 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.

5. 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

6. 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

7. 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.

8. 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

9. 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

10. 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

11. 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

12. 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.

13. 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.