Exam 3: Alternative and Online Dispute Resolution

Pixie files a suit against Quiver.Before going to trial,the parties meet,with their attorneys to represent them,to present their dispute to a third party who is not a judge but who imposes a resolution on the parties.This is

Fact Pattern Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract. -Refer to Fact Pattern 3-A1.If Organico and Pleasant Valley have a long-standing business relationship that they would like to continue,a preferred method of settling their dispute may be mediation because

Olivia files a suit against Parker.If this suit is like most cases,it will be

Global Enterprises,Inc. ,uses the services of the Internet Corporation for Assigned Names and Numbers (ICANN).ICANN's purpose is to

All courts require arbitration before a case goes to trial.

On appeal of an arbitrator's award,a court will look at the merits of the underlying dispute.

Pretrial mediation is never mandatory.

Kato and Leilani dispute the quality of a collection of sports memorabilia sold over the Internet.They agree to resolve this dispute in 2BRNot2B.com,an online forum.Like most online forums,2BRNot2B.com applies

Fact Pattern Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract. -Refer to Fact Pattern 3-A1.Resolving the dispute between Organico and Pleasant Valley by having a neutral third party render a binding decision is one of the advantages of

Ethanol Products,Inc. ,and Fuel Oil Corporation submit a dispute to arbitration.Garth,the arbitrator,is not a judge or a lawyer.How,then,can Garth's decision have the force of law and be binding on the parties involved

Ivy files a suit against José.Before going to trial,the parties meet,and each party's attorney argues the party's case before the other party.If they fail to reach an agreement,a third party renders an opinion as to how a court would likely decide the dispute.This is

Berle,a dairy farmer,and Clover Creamery,Inc. ,are engaged in court-annexed arbitration proceedings.The award will be binding on

Salon Products,Inc. ,and Trim n' Clip Stylists agree in writing to submit their dispute to arbitration.The Federal Arbitration Act

Roy agrees to work as a financial advisor on a commission basis for Secure Investments,Inc. ,and signs an employment contract that includes an arbitration clause.A dispute arises over the amount of Roy's commission.Roy files a suit against Secure Investments,seeking $25,000 in unpaid commissions and $50,000 in other damages.Secure Investments insists that the parties submit the dispute to arbitration.On what Roy believes is insufficient evidence,the arbitrator awards Roy only $500 and issues a written opinion that includes an erroneous finding of fact and a mistaken conclusion of law.Can Roy successfully challenge this award in court Why or why not

Elwin and Financial Funds,Inc. ,dispute the terms of a certain investment agreement,over which they engage in online dispute resolution (ODR).ODR is essentially a form of

Fact Pattern Organico Café,Inc. ,and Pleasant Valley Farm Corporation dispute a term in their contract. -Refer to Fact Pattern 3-A1.The least expensive method to resolve the dispute between Organico and Pleasant Valley may be

Alternative dispute resolution methods are generally less expensive and time consuming than actual litigation.

The award in court-annexed arbitration is always binding on the parties.

Negotiation involves the parties to a dispute,with or without their attorneys.

An arbitrator's error in judgment is sufficient to provide a basis for overturning an award.