● Read Chapter 14
ALTERNATIVE DISPUTE RESOLUTION
Based upon the desires of our
● Read Chapter 14
ALTERNATIVE DISPUTE RESOLUTION
Based upon the desires of our founding fathers, it has long been the philosophy that everyone deserves his or her day in court. However, that day can come with lengthy delays and high costs, so alternative methods of resolving disputes have been created. These are known as Alternative Dispute Resolution or ADR. ADR methods like mediation and arbitration provide a quick resolution with reduced costs, which can be a win for both sides of a case.
●Describe the benefits of ADR.
●Differentiate between arbitration and mediation.
●Identify other methods of ADR.
●Describe the qualifications of arbitrators, mediators, and others working in the ADR field.
-Have you ever considered that every time you check the box saying you agree to the terms and conditions of a transaction, you are agreeing to some type of ADR?
-For example, this is common when downloading a new app to your mobile phone.
-Is that fair to the consumer?
-Does it put the company at an advantage, or does it protect the company and in a broader sense the economy?
-Please explain your thoughts.
* Review the 3 sources from Professor:
Dear Class,
The American Bar Association provides a comprehensive website that includes numerous video examples of mediation and negotiation. The videos presented focus on civil disputes involving lawyers, but also include examples of negotiation and community mediation. I strongly encourage you to review this link and view a few of the videos. In addition, this link will also bring you to the ABA section of dispute resolution that is useful as well. Enjoy!
https://www.americanbar.org/groups/dispute_resolution/events_cle/past-programs/2021-mediation-institute/
Dear Class,
As some of you expressed an interest in perhaps working as a mediator, here is an ADR Times article that discusses this position, including whether a law degree is required. Here is the link:
https://www.adrtimes.com/how-to-become-a-mediator-with-or-without-a-law-degree/
Enjoy!
Dear Class,
This week, we discuss ADR and a type of ADR known as mediation. In this regard, I just wanted to share some information regarding licensing for mediators in your state. Here is a link to a comprehensive overview of how the 50 states address the qualifications required for a mediator: https://nvmsus.files.wordpress.com/2014/11/us-mediation-certification-standards.pdf.
Please keep in mind that this document is for informational purposes only and that you would need to check with your own state licensing organizations to determine current qualifications. Fortunately, the document that I enclosed provides numerous helpful links to help you do so. Enjoy!
My best,