The objectives below are tasks that you should be able to complete following the chapter coverage, or questions that you should be able to answer.

 

Chapter 3 - Alternative and Online Dispute Resolution

Section 1

1. Explain the ADR concept, including advantages and disadvantages of arbitration versus litigation

Sections 2 & 3

2. Compare and contrast different types of ADR (for example, negotiation, assisted negotiation, mediation, and arbitration, including the concept of final and binding arbitration)
    a. Compare and contrast ADR to litigation on factors such as cost, time, and privacy

3. Describe the arbitration process and the bases for setting aside an arbitration award

4. Explain the role and key provisions of federal law (the Federal Arbitration Act)
5. Brief the following cases:

    a. Case 3.1, Buckeye Check Cashing v. Cardegna - a question of arbitration contract enforceability

    b. Case 3.2, NCR Corp. v. Korala - a question of arbitration clause scope

    c. Case 3.3, Morrison v. Circuit City - a case of arbitration costs

Section 4

6. Explain the differences between voluntary arbitration and court-annexed arbitration

Section 5

7. Describe the role of the AAA

Section 6

8. Discuss online ADR

Section 7

9. Explain the rules regarding international arbitration, including the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, forum-selection and choice-of-law selection

 

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