ADR class 3

knowing how you want to practice

what do you do when you have no merit to the case.
1. if you can survive summary judgment,
2. you still may be sanctioned

what do you do when you have no merit and you want to help someone?
1. look for other factors, such as sympathy or equities
2. sometimes people will settle things even when they don't have to
because people want to seem decent and kind

international rules for arbitration in NYS for situations where
1. scope of discovery: arbitration has less discovery than
litigation, and still is more than typical discovery in many other
coutnries
2. arbitrators are bound to enforce contract and are not allowed to
use general factors such as sympathies and equities
3. don't make assumptions about rules of operation

corp lawyers usually draft contracts in large firms - they're non litigators.
and they draft provisions that are often cut-and-paste.
provisions are often not suited for the people involved.

the paper:
- just google ideas
- who do i interview? get ideas from the articles you read
- talk to mollen after you've done some work on the paper
- no puffery!!

benefits to publicity
generally talk about the lack of confidentiality as a negative,
but publicity can also help to bring discovery, dismissal of
charges, brought witness forward, etc. or publicity can bring
forth capital and support. or it can get the other party to
be more willing to negotiate. but once publicity is out there,
it's out there.

after ADR as the strictest approach, there's arbitration.
parties agree on a neutral, either in a contractual clause or
when a dispute arises. you have the freedom to direct
your needs at arbitration. since you have right to trial,
usually arbitration is not binding.

in addition to arbitration there's private tribunals,
i.e. "rent a judge" -- you agree to hire someone
privately (usually a retired judge) and have a trial before
this party. you can provide that this private judge award
can be appealed, etc. why would you want this when
the tax payers give you a court system?

why use a 20 year employee? they know the company
better than anybody else.