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”