Basics on Alternative Dispute Resolution: Mediation and Arbitration
Duration: 72 minutes
The traditional U.S. judicial system poses significant problems to many potential litigants—delays in getting a case to trial can run as long as several years, and the expense can be prohibitive enough to keep people out of the system altogether. Alternative Dispute Resolution is a steadily growing response to these issues that reduces costs and delays and allows parties in a dispute to have some control over their case. In this course, Mark Meyers (founder of the ADR firm Resolutions), Bobby Harges (law professor at Loyola University), Paul Breaux (chair of Louisiana State Bar’s alternative dispute resolution section), Trey Bergman (president of Bergman ADR Group in Houston, Texas), and Judge John Coselli (mediator, arbitrator, and district court judge in Texas) give an introduction to mediation and arbitration, the two most common forms of ADR.
These presenters cover a wide range of topics: why alternative systems are needed, what ADR is, the history and basic process of mediation, the extent of acceptance of mediation in the United States today, the effectiveness of court-ordered mediation, the basic process of arbitration, equitable arbitration, why parties turn to arbitration, a comparison of how cases would turn out differently through litigation vs. ADR, a comparison of whether results are binding in mediation vs. arbitration, and certification and qualifications. In addition, Lance Soskin, founder of eQuibbly online dispute resolution service, discusses the future of conducting ADR through online platforms.
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