Dispute Resolution

Dispute Resolution notes

Areas of Law

Dispute Prevention-Prevents disputes

Litigation (lawsuits) process of claims in court

-serves as buffer between two parties and helps bring them toward a voluntary settlement.

Mediator does not render that go to trial

ADR Formal or informal process used to settle disputes without resorting to a trial (It is cheaper and faster that Litigation)

ADR

Negotiation-last few day to several years and begin as soon as dispute arises

o Mediationdecision in matter

o Mediation is confidential

and all parties can speak freely

o Offers the strongest win -win outcome

o Encourages thinking and talking that are more realistic

o 75 percent of medicated cases do not reach volutary settlement

o Handles big and small disputes

Arbitration -parties bring in third party who has the power to impose an award. Abitration ensures that there will be a final result. And is faster and cheaper than litigation. Parties in arbitration give up certain rights including Discovery(evidence from opposing side before trial) and class action(large group of people who have suffered similar harm).

Mini trial-parties agree to stage a short trial before a panel of three judges(2 executives of corporate parties an 1 neutral advisor). Lawyers present shortened versions of their cases.

Summary Jury Trial- Mock trial made up of six jury and a presiding judge. The assumption is that once the parties and lawyers learn how jurors might react to trial they will be more likely to try ans settle.This type of trial can be misleading because the jury doesn't see real witnesess

Court Systems

State courts

Trial courts-determine the facts of a particular dispute and apply those facts given by earlier appellate court decisions. (1 judge and jury panel)

Trial Courts of Limited Jurisdiction-these courts hear only certain types of cases i.e. Small claims court has jurisdiction only over civil lawsuits.

Trials of General Jurisdiction- Can hear broad range of cases. The general civil division can hear any civil lawsuit.

Appellate Court- Hear appeal cases. Three or more judges hear a case and there are never any juries. They do not hear witnesses or take new evidence.

Court of appeals- The party that loses at the trial may appeal to the itermediate court of appeals. The party filling (Appellant). The party opposig the appeal(Appellee). Each side submits Briefs(written arguments) then oral arguments.

State Supreme Court- Highest court of the state.The court only hears cases it deems as important. This court has the final word in the case.

Federal Courts (only hears two kinds of civil lawsuits)

Federal Ouestion Cases- Any claim based on the United States Constitution, Federal Statute, or Federal Treaty .

Diversity Cases- When the plaintiff

and defendant are from different states and the amount in dispute exceeds 75,000. No federal law has to be the issue.

Trial Courts

United States District Court - Primary trial court in the federal system. Each district (94) has a district court . Other specialized trial courts in federal system are: Bankruptcy court, tax court, Pand must then be confirmed by the Senate.

Appellate Courts

United States Courts of Appeals -intermediate courts of appeal and are divided into circuits (11)

United States Supreme Court ( 9 justices on the court)Can hear any federal case appeal or case that begun in state court.

Litigation

Pleading are documents that begin a lawsuit they consist of :

Complaint- a short plain statement of facts the person is alleging and legal claims and is filed in court.

Service- once the complaint is filed the person who filed the complaint receives

a summons ( paper ordering defendant to answer in 20 days). Then a sheriff or constable will serve the defendant with two papers.

Answer-Once the defendant is served they have 20 days to file an answer (brief reply of allegations).

Counter Claim- The defendant can also file a counter claim against the plaintiff, if so the plaintiff has to reply (answer)

Class Actions-Case that represents a group of people including those who are unaware of the lawsuit or that they have been harmed.