Part 1- Foundations of, Chapter 2: The Resolution of Private Disputes, Doc 7

Summary: The Resolution of Private Disputes (Final Section) Dissenting Opinion on Arbitration in AT&T Mobility v. Concepcion: • Justice Breyer’s Dissent: o Disagrees with the majority’s view that individual arbitration is a core attribute of arbitration. o Argues that class arbitration is not incompatible with arbitration’s principles. o Criticizes the decision for depriving claimants of practical access to justice, particularly in small-dollar claims, where individual arbitration is not economically viable. o Suggests that California’s Discover Bank rule, invalidated by the majority, fairly prevented companies from insulating themselves from liability for small, widespread frauds. o Highlights the procedural formalities of class arbitration and notes the increased risks to defendants when aggregated claims are resolved collectively. Additional ADR Mechanisms: • • • • Court-Annexed Arbitration: o Judges may mandate arbitration for certain cases, often those involving smaller monetary disputes. o Losing parties retain the right to a trial. Mediation: o A mediator facilitates negotiation between disputing parties, helping them reach a voluntary settlement. o Mediation agreements are binding under contract law. o Frequently used in labor, family, and commercial disputes; sometimes court-mandated. Summary Jury Trial: o A non-binding, mock trial to gauge a jury's reaction, helping parties better evaluate their case. o Used to encourage settlements by providing a reality check. Minitrial: o A private, informal trial where company executives hear the case, often with a neutral advisor. o Aimed at fostering settlements through management-level input. Other ADR Tools: 1. Med-Arb: A hybrid process combining mediation and arbitration. 2. Early Neutral Evaluation (ENE): Objective case evaluation by an experienced neutral party early in litigation. 3. Private Judging: Parties hire a private judge to make binding or advisory decisions. 4. Industry-Specific Panels: Organizations like the Better Business Bureau offer specialized dispute resolution. 5. Small Claims and Administrative Hearings: Simplified forums for lowvalue or specialized claims (e.g., Social Security). Case Problems: • • • • • • • • • • 1. Evidence Exclusion on Appeal: Appellate courts review trial court errors of law, including evidentiary rulings. 2. Preston v. Ferrer: The Federal Arbitration Act (FAA) preempts state law, compelling arbitration unless statutory grounds exist for refusal. 3. Butler v. Beer Across America: The federal court evaluated personal jurisdiction based on the company’s minimal contact with Alabama. 4. Ruiz v. Allstate: Discovery disputes hinged on whether the requested documents constituted privileged work product. 5. Circuit City v. Adams: The U.S. Supreme Court limited FAA’s employment exclusion to transportation workers. 6. Gray v. Tyson Foods: Post-trial motions for a new trial or appeal could be pursued due to alleged jury influence and excessive damages. 7. Deposition Admissibility: Deposition of a live, available witness typically cannot be used unless the opposing party consents. 8. Jurisdiction in Lewis v. Abbott: Admission by silence can determine jurisdiction based on the amount in controversy. 9. State Sovereignty Case: Under original jurisdiction, the U.S. Supreme Court would hear disputes between states like New Jersey v. New York. 10. Internet Solutions Corp. v. Marshall: Federal subject matter jurisdiction requires diversity and an amount exceeding $75,000, while personal jurisdiction depends on defendant’s purposeful actions targeting the forum state. American Arbitration Association (AAA): The AAA provides dispute resolution services in various legal categories, including commercial, employment, consumer, construction, and international disputes. Visit the AAA website for a comprehensive list of case categories.