Litigation and Alternative methods of Dispute Resolution

1
Litigation and Alternative methods of Dispute
Resolution

• Chapter 7

2
Phases of litigation

• Pre-lawsuit demand and pre-litigation attempts
• Pleadings phase
• Complaint plaintiff sets out facts and
  allegations
• Answer defendant responds to plaintiffs
  complaint
• You have so long to respond with counterclaims
  what happens if defendant does not respond?

3
Phases Cont.

• Pleadings phase cont
• Counterclaim defendant sets out allegations as
  to liability of plaintiff
• Cross-claim defendant pulls in a third party to
  the lawsuit claiming the third party is either
  fully or partially liable for the claims in the
  suit

4
Phases Cont.

• Is there an issue with time on bringing about a
  case?
• What is the statute of limitations for Oklahoma?

5
Phases Cont.

• Discovery Phase orderly transfer of information
  between parties
• Depositions oral questions and answers given
  under oath and on the record (no judge present)
• Interrogatories written questions to a witness
• Request for production specific request for a
  certain piece of information/medium (ex. A video
  or memo)

6
Phases Cont.

• Pretrial Phase motions and conference with judge

7
Phases Cont.

• Trial finder of law (judge) finder of
  fact(jury or a judge)
• Opening statement gt direct examination gt cross
  examination
• Closing arguments gt charge jury gt deliberation gt
  verdict

8
Phases Cont.

• Post trial motions and appeal
• Collecting the judgment
• Collecting can be a difficult task especially if
  the defendants assets are not easily located or
  are exempt from claims.
• Why would someones assets be exempt?

9
Sample Case

• Lets look at the case of To Shred or Not to
  Shred.
• Bottom of page 143

10
Alternative dispute resolution

• Enforceability o f ADR clauses generally
  enforceable
• Method of ADR
• Arbitration hearing by neutral parties resulting
  in a decision
• Federal arbitration act encourages arbitration
  in commercial disputes

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Alternative dispute resolution

• Mediation
• No decision made
• Attempt by neutral party to settle the dispute
  between the two parties
• Med arb
• Parties agree to mediate to a designated period
  of time and to arbitrate if no settlement is
  reached

12
Alternative dispute resolution

• Expert Evaluation
• Parties hire a mutually acceptable expert in the
  field and agree to be bound by the recommendation
  of the expert.

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ADR cont.

• Why would one want to use an ADR?

• Fraction of cost
• Fraction of time
• Eliminates some of the emotions by using ADR
• Private-limits parties exposure to risk

14
Online dispute resolution

• Allows for the parties to resolve disputes
  without extraordinary expenses of travel and time
  for arbitration hearing
• Example clickandsettle.com uses a blind
  bidding process
• What is a blind bidding process lets look it
  up!
• Some ODR offers cyber mediation services for a
  fee.

15
International dispute resolution

• Required when doing business in another country
• main bodies
• International chamber of commerce (ICC) Paris
• London court of international arbitration (LCIA)
• AAA International (U.S. Based)
• WHAT is the AAA? American arbitration assoc.
• Some international agencies specialize in the
  field
• World intellectual property organization (wipo)
  has its own arbitration guidelines