Exam 4: Alternative Dispute Resolution

[Pet Pics] Ari went to work as an independent contracting photographer for Wild Pet Pics, a company specializing in photographing exotic pets, such as monkeys and snakes, with their owners. The company's home office was in California, but Ari worked in Florida. Before he started work, Ari signed an agreement to arbitrate any dispute he had with the company. The arbitration agreement provided that in the event of a dispute, Ari would completely cover the cost of the arbitration; that he could only receive up to $150 in damages regardless of his claims, punitive or otherwise; and that any arbitration would be conducted at the company's home office. The agreement also provided that the arbitrator was not bound to strictly follow the official court rules of evidence. Ari signed the agreement because he really needed a job and liked animals. His only previous animal photography experience, however, had been with cats and dogs. Ari's contract provided that he would be paid $100 per shoot and that the company would take steps to ensure his safety. One day he was called in to photograph a skunk and its owner. He was told by the receptionist at Wild Pet Pics that the skunk had been altered so that it could not spray. Ari felt safe. Unfortunately, the skunk had not been altered. Just as he was starting to shoot, the skunk became upset. It ran towards Ari, sprayed Ari, and in the resulting commotion, Ari's expensive camera was knocked over and broken. Plus, Ari's clothes were ruined and he stank for days. Ari wants to sue Wild Pet Pics for $5,000 to cover the cost of his camera, his clothing, and his general smelliness for several days. Ari says that he cannot afford to pay for the arbitration. -Will Ari likely be bound by the arbitration provision that he can only receive $150 in damages?

[MegaTron] Emilia filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), alleging that her employer, MegaTron, failed to promote her because of her nationality and gender. The EEOC had already received several discrimination charges from other employees alleging similar conduct by MegaTron. When Emilia was hired, she signed an employment contract with a clause stating that all work-related claims must be resolved through arbitration. -Assume Emilia opted to arbitrate her claim against MegaTron, and the arbitrator awarded her $2,000,000 in punitive damages. MegaTron's officers were appalled and filed a lawsuit seeking to set aside the arbitrator's award. On what basis could a court overturn the arbitrator's award?

What is a criticism of arbitration, according to the text?

Which of the following is not necessarily considered an alternative to litigation?

Mediators are always retired judges who can mediate based on their experiences on the bench.

[Jade Shoes] Coleman owns a sporting goods store and has purchased top-quality, brand-name athletic shoes from Jade's Shoe Distribution for many years, but they have no written contract in place. Last month, Coleman learned that the latest shipment from Jade's are not authentic, brand-name shoes but instead a knock-off brand that costs a fraction of the price Coleman pays. Coleman cannot sell these shoes because his customers would know the difference, and Coleman demanded Jade refund him. Jade sent Coleman a written request for arbitration within thirty days. In response, Coleman called Jade, threatening to file a lawsuit against Jade and exposing her company as a fraud. Jade laughs, saying Coleman is required to arbitrate their dispute within thirty days. -Is Jade correct that they are required to arbitrate their dispute?

A ________ trial is an abbreviated trial that leads to a non-binding jury verdict.

Currently there are only a few countries belonging to the United Nations Convention on the Recognition of Enforcement of Foreign Arbitral Awards.

How are arbitrations similar and dissimilar to a court trial?

________ is a dispute resolution process in which the parties agree to mediation and if the mediation is unsuccessful on one or more points, the parties move on to arbitration.

An arbitrator is more likely to issue a compromise decision than a judge.

Arbitration is the primary ADR process used in federal district courts.

Victor signs an arbitration agreement providing that he will arbitrate any disputes with his employer, Business Corp. Victor believes that Business Corp. has discriminated against him in violation of the Americans with Disabilities Act. The EEOC also investigated the situation and brought an action against Business Corp. alleging that Business Corp. discriminated against Victor in violation of the Americans with Disabilities Act. What is the effect of the arbitration clause in regards to the action brought by the EEOC?

In the case of Robert Gilmer v. Interstate/Johnson Lane Corporation involving whether a claim under the federal Age Discrimination in Employment Act was subject to arbitration, what did the U.S. Supreme Court rule?

Melanie and Gabriela have a dispute regarding ownership of a dog, Buddy. Gabriela removed Buddy's tags in order to give him a bath. Knowing what was coming, Buddy made a run for it and ended up at Melanie's home down the street. When Gabriela saw Melanie walking Buddy, she demanded his return. Melanie refused. A lawyer in the neighborhood suggested either a neutral case evaluation or mediation in an attempt to resolve the feud. Describe mediation and neutral case evaluation. Which would you suggest and why?

In the United States Supreme Court case Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, provided in part in the text, the Court was trying to decide what in regards to an international transaction?

Mark and Elizabeth have a dispute over who breached a contract between their respective companies. The two hire a referee to offer a legally binding judgment in a dispute. What form of ADR is this?

The resolution of legal disputes through methods other than litigation is called CAR.

Which of the following is helping more and more litigants in resolving e-commerce disputes?

Med-arb is which type of dispute resolution process?