Part 1 In Chapter 4, we cover the topic of alternative dispute resolution (ADR). I am a big proponent of the various methods of ADR, having utilized one or another throughout my legal career. The benefits of ADR, in my opinion, significantly outweigh the drawbacks (of which, the Chapter does a nice job of pointing out the advantages and disadvantages of the various methods of ADR). Negotiation was the most often used form of ADR, however, if the opposing attorney and I could not reach a settlement, I nearly always suggested (insisted) upon binding arbitration. Utilizing alternative forms of resolving disputes is the trend. In all likelihood you will enter into a contract that provides for one form of ADR or another. To further the point, nearly every contract I drafted included an arbitration clause (and once in awhile a mediation provision) requiring the parties to those contracts to resolve their legal differences outside of the courtroom. For this discussion refer to Business Case Problem 4-6, Horton Automatics v. The Industrial Division of the Communications Workers of America, AFL-CIO, at the end of Chapter 4 of the text. Apply your legal reasoning in the IRAC format starting with the issue as stated at the end of the Business Case Problem: Can a court set aside the Arbitrator’s order? Why or why not? For this discussion assume the arbitration provision is binding on the parties. Rule: what rule(s) do you apply? Application/Conclusion: legally analyze the rule(s) to the facts to reach your conclusion. Part 2 Also, comment on your thoughts of ADR. Would you prefer the traditional legal process of the courts? Would you enter into an agreement with a binding arbitration clause? – A significant number of contracts [particularly employment contracts] I drafted for clients included binding arbitration clauses. Have you ever engaged in any form of ADR? 4–6. Arbitration. Horton Automatics and the Industrial Division of the Communications Workers of America, the union that represented Horton’s workers, negotiated a collective bargaining agreement. If an employee’s discharge for a workplace-rule violation was submitted to arbitration, the agreement limited the arbitrator to determining whether the rule was reasonable and whether the employee had violated it. When Horton discharged employee Ruben de la Garza, the union appealed to arbitration. The arbitrator found that de la Garza had violated a reasonable safety rule, but “was not totally convinced that Horton should have treated the violation more seriously than other rule violations. The arbitrator ordered de la Garza reinstated. Can a court set aside this order? Explain. [Horton Automatics v. The Industrial Division of the Communications Workers of America, AFL-CIO, 506 Fed.Appx. 253 (5th Cir. 2013)] (See Alternative Dispute Resolution.
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