Exam 4: Alternative Dispute Resolution and Cyber-Adr

The Federal Arbitration Act (FAA)is designed to make certain that properly initiated arbitration agreements will be enforced by the courts.

Patricia Selan,a freelance photographer,entered a work-for-hire agreement with Dynamic Prints Ltd.During the negotiation stage,Selan asked that the contract include an ADR clause,which would make certain that the parties would submit all disputes to ADR.The clause stated that whenever a disagreement arose,the parties would first talk about the problem informally.If,after 14 days,no solution was reached,the claim would go to the American Arbitration Association,which would assist them in choosing an objective mediator who would help them choose an appropriate ADR plan.What benefits does this contract offer Selan?

The Cuyahoga Experimental Research Company and the Chagrin River Genetics Laboratory Association planned to construct a laboratory for research into the Human Genome Project.The laboratory would be located on land that was owned by four shipping companies.The owners of the companies objected to the way in which their land was appropriated for the project by the government and the research companies.The owners also objected to the planned location of the research facility because they were afraid that some sort of genetic accident might harm the crops and farm animals that were shipped through their terminal which was adjacent to the research facility.Which form of ADR would be ideally suited to hear this dispute? Explain.

When Kiros and Alphonse entered into a partnership agreement,they decided to submit all disputes to binding arbitration and included this clause in their partnership agreement.When a dispute arose,an arbitrator was called in and passed judgment against Kiros.Kiros appealed to the courts,and the arbitrator's ruling was overturned.Discuss a possible explanation for this.

Kin and Mai,through their lawyer,present an abbreviated version of their case to a jury in a single day,and obtain an advisory verdict.This is called a Med-Arb trial.

Which of the following is true of arbitration?

In a summary jury trial,there is no time limit placed on the parties as this allows them to practice their arguments.

Negotiated rule making is a process by which an agency invites the people and the organizations who will be affected by a new rule to have input into the writing of that rule.

According to the American Arbitration Association,arbitration is "a non-binding process where a neutral third party works with the parties to reach a mutually agreeable settlement."

Chuck likes to grow "natural" flowers,such as dandelions,in his yard,while his neighbor Patty sees these as weeds whose seeds constantly blow into her yard.Both Chuck and Patty anticipate living in their homes for many years to come.Discuss a form of dispute resolution that would best fit this situation.