Question 1

The Cuyahoga Experimental Research Company and the Chagrin River Genetics Laboratory Association planned to construct a laboratory for research into the Human Genome Project.The laboratory would be located on land that was owned by four shipping companies.The owners of the companies objected to the way in which their land was appropriated for the project by the government and the research companies.The owners also objected to the planned location of the research facility because they were afraid that some sort of genetic accident might harm the crops and farm animals that were shipped through their terminal which was adjacent to the research facility.Which form of ADR would be ideally suited to hear this dispute? Explain.

Accepted Answer

The answer of The Cuyahoga Experimental Research Company and the...

Question 2

DSK Construction interacts with many contractors and subcontractors,often for long-term projects.Disputes among the various parties often take a long time to be settled as different parties have different demands.Which method of ADR will help DSK and its contractors prevent disputes before they escalate?

Accepted Answer

The answer of DSK Construction interacts with many contractors and...

Question 3

Cheatham and Dunlay are involved in a partnership dispute that presents several complex legal issues.They decide to use early neutral evaluation.Discuss how this process might be helpful in this situation.

Accepted Answer

The answer of Cheatham and Dunlay are involved in a...

Question 4

Kurt Johannessen,a well-known professional athlete,and Tina,his actress wife,have filed for divorce and are involved in a dispute for the custody of their son.Because of their celebrity status,neither wants the media coverage and public detailing of their private lives that come with official court trials.However,mediation and arbitration efforts have failed as neither party is willing to compromise.Discuss how they can resolve their custody dispute and avoid the publicity issues.

Accepted Answer

The answer of Kurt Johannessen,a well-known professional athlete,and Tina,his actress...

Question 5

Kim and Dave are filing for a divorce and dispute the value of assets they acquired while married.Each has had appraisers value the assets,but the appraisers have reached differing conclusions.How will a summary jury trial help in this situation?

Accepted Answer

The answer of Kim and Dave are filing for a...

Question 6

Patricia Selan,a freelance photographer,entered a work-for-hire agreement with Dynamic Prints Ltd.During the negotiation stage,Selan asked that the contract include an ADR clause,which would make certain that the parties would submit all disputes to ADR.The clause stated that whenever a disagreement arose,the parties would first talk about the problem informally.If,after 14 days,no solution was reached,the claim would go to the American Arbitration Association,which would assist them in choosing an objective mediator who would help them choose an appropriate ADR plan.What benefits does this contract offer Selan?

Accepted Answer

The answer of Patricia Selan,a freelance photographer,entered a work-for-hire agreement...

Question 7

When Kiros and Alphonse entered into a partnership agreement,they decided to submit all disputes to binding arbitration and included this clause in their partnership agreement.When a dispute arose,an arbitrator was called in and passed judgment against Kiros.Kiros appealed to the courts,and the arbitrator's ruling was overturned.Discuss a possible explanation for this.

Accepted Answer

The answer of When Kiros and Alphonse entered into a...

Question 8

Tom and Jerry operate an ice cream business as equal partners.Tom wants to reinvest the profits,and Jerry wants to distribute and spend the profits.If they litigate,the court will likely order the business assets sold,which will destroy the income potential for both Tom and Jerry.Discuss how this dispute might be resolved by arbitration.

Accepted Answer

The answer of Tom and Jerry operate an ice cream...

Question 9

Chuck likes to grow "natural" flowers,such as dandelions,in his yard,while his neighbor Patty sees these as weeds whose seeds constantly blow into her yard.Both Chuck and Patty anticipate living in their homes for many years to come.Discuss a form of dispute resolution that would best fit this situation.

Accepted Answer

The answer of Chuck likes to grow "natural" flowers,such as...

Question 10

The FFEA,a federal agency,was charged with the task of drafting a series of rules to implement the New England Fusion Reactor Initiative.The FFEA anticipates that the new rules will involve drastic changes for all the concerned parties.Rather than simply writing the rules and placing them before the affected parties,what action might the FFEA take to minimize the other parties' dissatisfaction with the rules? Explain.

Accepted Answer

The answer of The FFEA,a federal agency,was charged with the...

Quiz 4: Alternative Dispute Resolution and Cyber-Adr

Cheatham and Dunlay are involved in a partnership dispute that presents several complex legal issues.They decide to use early neutral evaluation.Discuss how this process might be helpful in this situation.

Kim and Dave are filing for a divorce and dispute the value of assets they acquired while married.Each has had appraisers value the assets,but the appraisers have reached differing conclusions.How will a summary jury trial help in this situation?