Arbitration

Trials are costly and time-consuming. It may be months before a hearing can even be scheduled. Depending on the complexity of the case and the delaying tactics of the opposing party, years may be spent in litigation. Part of the problem is the complexity of litigation. The steps leading to a final decision in a case are numerous and often complicated.

A number of solutions have been proposed, and some have been implemented, to reduce the congestion in the court system and to reduce the litigation costs facing all members of society.

The search for alternative means to resolve disputes has produced several distinct methods and arrangements. All of these alternatives to traditional litigation comprise what is broadly termed alternative dispute resolution (ADR).

In this course, we will focus on the different ADR mechanisms. We will analyze their advantages and disadvantages, and the main similarities and differences among them. In so doing, we will be able to determine which the most suitable method is to settle particular disputes.

Contents

Module 1
Negotiation

• Parties
• Representation
• Involvement of third parties

Module 2
Mediation

• Parties
• Representation
• Involvement of third parties
• Advantages
• Disadvantages

Module 3
Arbitration

• Parties
• Representation
• Involvement of Third Parties
• Arbitration Process
• The Award
• Enforcement and Appeal
• Enforcement of Agreements to Submit to Arbitration

Module 4
The Integration of ADR and Formal Court Procedures

• Court-annexed Arbitration
• Summary Jury Trials
• Mini Trials

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