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leticia1977 leticia1977
wrote...
Posts: 585
Rep: 2 0
6 years ago
With legal analysis, how should you break down statutes?
 
  A) into multiple elements using the facts of the case
  B) by legislative session
  C) by subsection
  D) by the year the statute was enacted or amended

Q. 2

Identify the type of dispute where arbitration is the most prevalent form of ADR.
 
  What will be an ideal response?

Q. 3

What is the statute of limitations, what is its purpose, and describe the effect of mediation on the statute of limitations.
 
  What will be an ideal response?

Q. 4

Describe the level of confidentially typically given to mediation sessions and agreements by state law either typical state or student's state of residence, and the purpose of confidentiality.
 
  What will be an ideal response?

Q. 5

What is a decided case that provides the basis for determining the rule of law in subsequent cases involving similar facts or issues?
 
  A) similar law analysis
  B) similar fact analysis
  C) legal precedent
  D) case on point

Q. 6

Identify the six phases of a typical arbitration, and describe the goal(s) of each phase.
 
  What will be an ideal response?
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Replies
wrote...
6 years ago
(Answer to #1)  A

(Answer to #2)  Resolution of labor disputes under the terms of a collective bargaining agreement.

(Answer to #3)  The statute of limitations is the period of time between the event that gives rise to a legal
claim and the date when a court or administrative agency can no longer hear the claim and
provide a remedy. The purpose of the statute of limitations is to promote timely resolution
of disputes while evidence is still available, and witnesses can still remember what took place.
Typically, mediation suspends the running of the statute. This means that in those cases
where no lawsuit has been filed, the period devoted to mediation will not count against the
statutory period. Although these laws are not uniform from state to state, typically the
statutory period is suspended when one party requests mediation or conciliation and the other
party agrees.

(Answer to #4)  State laws typically require that the mediator be neutral and have had nothing to do with the
case either before or at the conclusion of mediation. A mediator cannot be forced to testify
in court about anything that has transpired in the case or the mediation. Even when a
mediator chooses to testify, a party can prevent a mediator from giving testimony. In
addition, offers to settle a claim (or refusal to accept an offer) during mediation are not
admissible by either party as evidence of anything. The purpose of confidentiality statutes is
to promote the free and unencumbered use of negotiation and ADR to settle disputes prior to
a trial on the merits.

(Answer to #5)  C

(Answer to #6)  Initiation  one or both parties to a dispute either make a written demand on the other to
arbitrate, or they invoke a contract provision requiring arbitration in the event of a dispute
arising under the contract. The parties then either agree to arbitrate or the demanding party
seeks a court order to arbitrate. Where a written demand is made, the other party will answer
the demand in writing pursuant to the rules under which the arbitration is to proceed.
Selecting an arbitration sponsor  once the parties agree to arbitrate or a demand has
been received and answered, the parties will select an agency to sponsor the arbitration. The
agency typically will provide the rules and procedures to follow and will provide
administrative assistance to facilitate the arbitration similar to the services provided by a
court clerk.
Pre-hearing meetings  these are preliminary hearings before the arbitrator and
administrative conferences, including some with the sponsoring agency, to clarify rules and
other substantive issues and to iron out procedural issues such as the production of documents,
use of expert witnesses, etc.
Preparation  the period of assembling the evidence and conducting discovery, preparing
witnesses and in general getting ready to put on the facts and arguments in support of one's
case.
Hearing  the evidentiary hearing before the arbitrator at a location of the party's choosing
where evidence is presented and oral arguments made. There generally is no written record
made of the proceeding nor are oaths typically administered to witnesses. The hearing is
usually private and confidential.
Decision making and award  the arbitrator may make the decision at the end of the
hearing but generally within 30 days, based on the evidence and arguments and using standards
selected by the parties, such as fairness or applicable law.. If a panel is used, the decision
will be by majority of the arbitrators or an average of their individual awards. The decision of
the arbitrator is called an award and is usually written.
leticia1977 Author
wrote...
6 years ago
These are correct! Thank you very much!!!
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