Chapter 10- Alternative Dispute

Question 1

3 issues of international disputes?

Answer 1

1. Which country’s laws will the parties use?
2. which country’s courts will be used?
3. will courts in one country enforce a judgement obtained in another country?

Question 2

How to resolve disputes

Answer 2

1. Litigation
2. Alternative dispute resolution

Question 3

Litigation

Answer 3

-Notice of a civil claim filed in the court
-notice is served to the defending party
-discovery, trial, binding judgement
-possible appeal

Question 4

Characteristics of alternative dispute resolution

Answer 4

-opportunity for the relationship to continue
-parties decided on the process and law
-multiple ADR methods can be used together

Question 5

Types of ADR

Answer 5

1. negotiation
2. Mediation/ conciliation
3. arbitration

Question 6

Negotiations

Answer 6

-most flexible and least expensive
-parties decided on process and rules
-both parties seek a win/win outcome
-can be done formally or informally
-private

Question 7

Mediation

Answer 7

-Neutral 3rd party guides the process
-mediator guides but does not suggest resolutions

Question 8

conciliation

Answer 8

The mediator meets with each party separately, then together
-interprets each parties position
-suggest proposals to resolve conflict

Question 8

Arbitration

Answer 8

-neutral 3rd party that is chosen by parties
-hearing- less formal than a court
-parties agree to be bound by 3rd party
-enforceable internationally