L. Alternative Dispute Resolution Flashcards
When may Party resist arbitration?*
NO valid agreement to arbitrate
NO compliance w/ conditions precedent in agreement
Claim barred by SoL
What is required for Party to initiate arbitration?*
Serve demand for arbitration to opposing party
Serve notice of intention to arbitrate
Apply to Court for order compelling arbitration
When may Attachment/Preliminary Injunction be available in pending arbitration?
Entitled award may be rendered ineffectual without Attachment/PI
Are Arbitrators bound by rules of evidence that are applied in judicial proceedings?
NO
When must arbitral award be confirmed?*
Within 1 year after delivery of award to moving party
What is required for arbitral award to be vacated/modified?*
1) Within 90 days after delivery of award to moving party
2) Aggrieved party either;
- Participated in arbitration
- Received notice of intention to arbitrate
3) Aggrieved party was prejudiced by impropriety including;
- Misconduct
- Bias
- Excess of power
- Procedural defects
Court may then order re-hearing after award vacating
What is difference between Arbitration and Mediation?*
Arbitration
- Arbitrator hears evidence + arguments from each side
- Arbitrator decides outcome (binding/non-binding)
Mediation
- Mediator assists parties to reach mutually acceptable agreement
- Mediator does NOT decide outcome
When may Mediation NOT be appropriate?
One party is NOT willing to compromise
One party has significant advantage in power/control over other party
- E.g. History of abuse
What are the other forms of ADR?*
Neutral evaluation
- Evaluator offers expert opinion of likely outcome in court (based on parties’ strengths + weaknesses)
Collaborative law
- Married couple divorces (binding) with NO court procedure
- Married couple disqualify their lawyers if spouse decides to go to court
Summary jury trial
- Mock jury decides potential verdict (non-binding)
- UNLESS parties agree as binding
