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Dispute Settlement: Negotiation, Alternative Dispute Resolution, and Court Procedures - Pr, Assignments of Law

An overview of dispute settlement processes, focusing on negotiation and alternative dispute resolution methods such as mediation, arbitration, and international dispute resolution. It also covers state and federal courts, the adversary system, and court procedures including pleadings, discovery, the trial, appellate procedure, and court problems and solutions.

Typology: Assignments

2020/2021

Uploaded on 03/16/2021

jorge-lopez-cereijo
jorge-lopez-cereijo 🇺🇸

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Dispute Settlement
1. Negotiation
2. Alternative Dispute Resolution
a. Mediation
b. Arbitration
c. International Alternative Dispute Resolution
i. WTO, NAFTA, UN
d. Minitrial and Summary Jury Trial
e. Private Judging
3. State Courts (see chart p.32)
4. Federal Courts (see chart p.34)
5. Adversary System
a. Function f the Judge
i. Not only unbiased but also essentially passive
6. Procedure
a. Functions of procedure
i. Basic purpose of procedure is fairness
b. Pleadings
i. Complaints, answers, and replies
ii. CAFA addresses the concern that plaintiffs’ attorneys have abused the
class action mechanism
c. The complaint
i. First step in starting a lawsuit
d. Discovery
e. The Trial
f. Appellate Procedure
i. The Appeal
ii. Results of Appeal
g. Court Problems and Solutions
i. Criticism
1. “Justice delayed is justice denied”

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Dispute Settlement

  1. Negotiation
  2. Alternative Dispute Resolution a. Mediation b. Arbitration c. International Alternative Dispute Resolution i. WTO, NAFTA, UN d. Minitrial and Summary Jury Trial e. Private Judging
  3. State Courts (see chart p.32)
  4. Federal Courts (see chart p.34)
  5. Adversary System a. Function f the Judge i. Not only unbiased but also essentially passive
  6. Procedure a. Functions of procedure i. Basic purpose of procedure is fairness b. Pleadings i. Complaints, answers, and replies ii. CAFA addresses the concern that plaintiffs’ attorneys have abused the class action mechanism c. The complaint i. First step in starting a lawsuit d. Discovery e. The Trial f. Appellate Procedure i. The Appeal ii. Results of Appeal g. Court Problems and Solutions i. Criticism 1. “Justice delayed is justice denied”