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YouTube08 Oct 2020
2h 44m

Lesson 10 - Chapter 8: Alternative Dispute Resolution

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Legal Studies

The lecture focuses on Alternative Dispute Resolution (ADR), contrasting it with traditional litigation. It covers six ADR formats: arbitration, negotiation, mediation, conciliation, expert determination, and mini-trials, emphasizing arbitration and mediation as the most significant. Arbitration is presented as similar to litigation, with a binding third-party decision, but requires consent through an arbitration clause. The court's preference for ADR, especially mediation, is highlighted due to its self-financing nature and reduced burden on the judicial system. The lecture also explores the advantages and disadvantages of arbitration, such as flexibility, confidentiality, and expertise, against inconsistent decisions. Real-world examples, like water leakage disputes and tenancy agreements, illustrate the practical applications of mediation and expert determination.

Outlines

Part 1: Introduction to ADR and Arbitration Basics

Part 2: Arbitration Procedures and Legal Framework

Part 3: Pros, Cons, and Alternative Methods

Part 4: Mediation Principles and Practice

Part 5: Policy, Advantages, and Case Studies

Part 6: Specialized ADR and Comparisons

Part 7: Assignment and Exam Preparation

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