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ALTERNATIVE DISPUTE RESOLUTIONKen Fieldskfields@fields-mediation.comwww.fields-mediation.com
INTRODUCTION OF FELLOW STUDENTS
NAME HOME TOWN OR COUNTRY ACADEMIC STATUS LEARNING OBJECTIVE FROM THIS CLASS ANYTHING OF INTEREST ABOUT PERSON BEING
INTRODUCED
COURTS-U.S. or STATE (COMMON LAW) SUPREME COURT/COURT OF APPEALS
APPELLATE COURT
TRIAL COURT
LIMITED JURISDICTION COURT
ADMINISTRATIVE COURT
ROLE OF ADR INITIATED BY COURT OR PARTY
COURT ORDERED OR CONTRACT
BY STATUTE OR REGULATION
PARTICIPANTS
PartiesAttorneysNeutralsCourts
ALTERNATIVE DISPUTE RESOLUTION DEFINED
Alternative To WhatCharacteristicsWhen to Initiate
3rd PARTY ASSISTED
Early Neutral EvaluationSummary Trial/Focus GroupsOmbudsmanJudicial Settlement ConferenceMini-Trial
ADR METHODS
UNILATERAL BILATERIAL THIRD PARTY ASSISTED
UNILATERIAL
No ActionSelf Help
BILATERIAL
NegotiationAssisted NegotiationPreparation for Negotiation
EVALUATION
Early Neutral EvaluationMock TrialsFocus Groups
MEDIATION
Private Mediation
Court Sponsored
OMBUDS
Commonly found in Large Organizations
Role as InvestigatorGovernmental Ombuds
SETTLEMENT CONFERENCES
Court annexedRetired or Active JudgesJudge assigned to the Case
ARBITRATION
American Arbitration AssociationIndependent ArbitratorsContract Driven“Med-Arb” Model
Mediation Basics
“STAR” & Other ModelsEvaluative v. Facultative5 Stages of MediationRights v. InterestsCreating Value-“Size of the Pie”
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