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Presentation adr 124333 Presentation adr 124333 Presentation Transcript

  • Alternative Dispute Resolution
  • Three Methods of Alternative Dispute Resolution
    Arbitration
    Mediation
    Expert Evaluation
  • Arbitration
    The American Arbitration Association defined arbitration as, “the submission of a dispute to one or more impartial persons for a final and binding decision, known as an award.”
  • Mediation
    The FindLaw website defines mediation as a, “nonbinding intervention between parties esp. in a labor dispute to promote resolution of a grievance, reconciliation, settlement, or compromise.”
    The mediator acts as an explorer of the issues, needs and settlement options.
  • Expert Evaluation
    The textbook titled, The Legal Environment of Business, A Managerial Approach: Theory to Practice states that expert evaluationis the“method of alternative dispute resolution where an independent expert acts as the neutral fact-finder; particularly useful for parties involved in a business dispute where the issues are somewhat complex and related to the intricacies of a certain industry or profession.”
  • How does arbitration relate to sports contracts?
    Player’s associations and a club owner’s group usually develop a clause called a Collective Bargaining Agreement in their contract. This usually states the factors involved for salaries arbitration and injury and non-injury grievances.
  • How does mediation relate to sports contracts?
    An important factor of mediation is that the actual resolution of the argument does not fall in the hands of the mediator but in the hands of the disputants.
    An independent government agency, The Federal Mediation and Conciliation Service describes its service as it "provides free mediation services in contract negotiation disputes between employers and their unionized employees. All the parties have to do is make a request."
  • How does expert evaluation relate to sports contracts?
    There are many websites that will help individuals find an expert evaluator.
    One example of this method is used in the Ventura vs. Sports Titan case. The plaintiff hired a talent agent, Barry Bloom to help him win his case against the defendant.
  • Alternative Dispute Resolution: Unfair and Misleading Sales Practices
  • How does arbitration relate to unfair/misleading sales?
    • Arbitration is one of the most common used ADR methods in consumer disputes.
    • Many consumer agreements (warrantees) contain arbitration clauses meaning consumers agree to resolve disputes using arbitration
  • How does mediation relate to unfair/misleading sales practices?
    • Call for Action- mediation agency for consumers and businesses. “When a consumer contacts CFA, a volunteer listens as the problem is described – that volunteer now “owns” the case until a resolution is secured. The volunteer will contact the company or agency directly to promote dispute resolution. CFA works cooperatively with State and Federal agencies to help track and combat scams” (callforaction.org).
    • Consumers and sellers come to a mutual agreement instead of fighting against each other. The problem gets resolved without public slander.
  • Organizations that protect consumers
    Federal Trade Commission
    “The FTC deals with issues that touch the economic life of every American. It is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC pursues vigorous and effective law enforcement; advances consumers’ interests by sharing its expertise with federal and state legislatures and U.S. and international government agencies; develops policy and research tools through hearings, workshops, and conferences; and creates practical and plain-language educational programs for consumers and businesses in a global marketplace with constantly changing technologies” (ftc.gov).
    Better Business Bureau, Consumer Action (CA), National Consumers League (NCL), National Fraud Information Center (NFIC), and Consumer Protection Division
  • Alternative Dispute Resolutions: Property and Land Disputes
    ADR has been useful in easing the backlog of court cases, maintaining relations between community members, and managing the expansion of communitiesin regards to property and land use disputes.
  • Alternative Dispute Resolutions: Property and Land Disputes
    ADR is a technique that is being pursued in Ghana to help alleviate the land cases that have been slowing down the judicial system.
    Goal is to clear 734 backlogged court cases by 2013
    The program trained 40 Judges, 55 Staff and 30 Mediators
  • Alternative Dispute Resolutions: Property and Land Disputes
    ADR has also been useful maintaining relationships between local governments in regards to land use and management.
  • Alternative Dispute Resolutions: Property and Land Disputes
    Colorado General Assembly created the Office of Smart Growth to aid local governments in resolving disputes without going to litigation
    Utah has developed a 6-step program with the core value that all property owners are treated with respect and that parties are equal.
    Vermont established the Environmental Division of the Vermont Supreme Court in 1990 and between 2005 and 2009 had a nearly 60% success rate of cases sent to ADR
  • ADR is increasingly becoming part of legislation and becoming more popularized
    But more research is needed to evaluate the exact impact of the increasing amount of programs and the impact of ADR on reducing the burden on courts
  • Here is a video explaining alternative dispute resolution:
    http://youtu.be/H8U7rM0RNPU