LE 101 Lecture Notes - Lecture 12: Alternative Dispute Resolution, Summary Judgment, Default Judgment
5 Oct 2016
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Litigation: process of using the courts to settle disputes: rules laid out in: federal/[state] rules of civil procedure. Arbitration: the two parties submit their disagreement to a third party, whose decision is binding: more formal, this third party functions more like a judge. Much simpler, kind of like informal court: decision usually cannot be overturned. In 2005, avg mediated divorce cost 3k and took 90 days. Avg litigated divorce cost, 15k and took 1. 5 years: the best solution is what the parties agree on. Parties going through mediation should have equal power. Divorced spouses instead protester and cop: mandatory mediation examples: Summary jury trials: a nonbinding process in which attorneys on both sides present synopses of their cases to a jury, which renders and advisory opinion on the basis of these presentations. Three stages of litigation; pretrial, trail and appeal.
