BUS-294 Lecture Notes - Lecture 31: Federal Preemption, Alternative Dispute Resolution, Commerce Clause
8 Oct 2020
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Med-arb- dispute resolution process where parties start with mediation, if it is unsuccessful on one or more points then move to arbitration third party selected may participate in both. Positive- faster resolution because familiar with case. Negative- if arbitrator knows they are the ultimate decision maker they. Summary jury trial- abbreviated trial that leads to a nonbinding jury verdict, began in may be less likely to disclose information in first stage. Jury offers a verdict so parties can see what would happen. Similar to a regular trial besides the fact that judge can set its own rules, attorneys have a limited amount of time to present evidence, ad there are generally no witnesses. After jury, parties participate in settlement conference where they either accept or reject verdict (95% accept, others go to regular trial) Mini-trial- similar to mediation and arbitration because used neutral third party. Each side presents, third party offers opinion of what the verdict would be if they.
