Alternative Dispute Resolution
Welcome to LawShelf’s video-course on Alternative Dispute Resolution. This course is a primer in methods by which legal disputes can be resolved without litigation, both by the parties themselves and under the auspices of the justice system.
This is an introductory level course and no prior knowledge or experience with dispute resolution or the justice system is necessary.
Our first module is an overview of the landscape of alternative dispute resolution and includes discussion of the Federal Arbitration Act, passed in 1925, which still largely governs ADR in the United States, and especially in the federal court system. The first module also introduces various other methods of dispute resolution.
Module 2 focuses on negotiation between the parties, specifically facilitation of settlements and the settlement process. We’ll also look at settlement negotiations that are required and supervised by courts in many cases. Finally, we will discuss settlement agreements and their requirements for enforceability.
Module 3 turns to mediation, which is more formal negotiation supervised by a mediator, but that does not result in a formal decision, as in the case of arbitration. The module looks at when mediation is appropriate and the role and responsibilities of the mediator. We also look at various styles of mediation and the governing bodies and organizations that discuss and encourage best practices.
Modules 4 and 5 discuss the most formal component of the ADR landscape: arbitration. Arbitration allows a binding resolution to be rendered outside of the court system. We will focus on arbitrator qualifications, arbitration procedures and arbitration agreements. In module five, we will look at the enforceability of arbitration awards and the mechanisms by which the awards can be confirmed in federal court so that they can be enforced by normal collection procedures.
This course should give you a thorough introduction to the world of alternative dispute resolution and serve as an important component of a comprehensive understanding of the processes by which disputes are resolved in our system.
Best of luck and we welcome your feedback.