Legal Question in Business Law in California
I am taking a business law class and my essay paper is on ADRs. I have not been able to find on the internet or an article on a published case resolved through alternate dispute resolution. Help?
3 Answers from Attorneys
Head to the law library and obtain issues of Jury Verdict Weekly. The summaries will describe the outcomes of cases submitted to verdict and resolved through different ADR methods. If you still need more information, then contact me through our firm's website at www.higagipsonllp.com.
You will never find a published case on ADR, because by definition it is an alternate to trying a case and then taking it up on appeal. Only appeals get published (with some exceptions not relevant here). The only published cases you will find on any ADR method are cases about compelling arbitration and disputes about arbitration awards. Arbitration is one ADR method.
You should find lots of cases in which the Courts are called upon to enforce the terms of an agreement to arbitrate or engage in other ADR... but you won't find ANY published cases where the matter is actually resolved through ADR... ADR is by its very nature, OUTSIDE the court system, so ADR outcomes aren't published the way Appeals Court cases are.
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