Bus 393 module 1

Government agencies cretaed to act as a court and judge on specific technical issues

- alternative to court system, less expensive, less time consuming, and more specific expertise in certain areas of law

The resolution of disputes in ways other than those involved in the traditional judicial process. Negotiation, mediation, and arbitration are forms of ADR.

parties attempt to settle the dispute informally, with or without attorneys

Includes Settlement - can negotiate and agree on a compromise, and can do so even during court trial

A method of settling disputes outside the courts by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.
Mediator does not make decision but rather facilitates communication
Decision is NOT binding

More formal than mediation, with professional arbitrator, and decision IS binding

- Cheaper
- more control over the Process and Rules
- more expertise of the judge or decision maker on complicated or technical issues
- less adversarial and more informal
- can address international disputes where local courts cannot

- don't get everything you want (compromise)
- non-binding agreements (negotiation, mediation)
- may want to make your argument to a judge or jury (for more sympathy?)

- try to prevent rules or change them (political lobbying)
- anticipate the rules and innovate
- react to the regulations and manage risks

Insurance, exclusion, clauses, incorporation