Different forms of ADR and their advantages and disadvantages


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Different forms of ADR and their advantages and disadvantages


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1. Class, great discussion about the different forms of ADR and their advantages and disadvantages. Some of you have indicated a preference for arbitration. What is the difference between binding and non binding arbitration and what are the pros and cons of each? 2. Class, great analysis of the different forms of ADR resolution methods. Now we can address the questions posed in the thread. To begin with what procedure would you choose to pursue your claim: formal trial or one of the ADR procedures and why did you select the method you selected? What factors influence your choice? 3. Class, our instincts and the law backs us up, that Bleakney participated in insider trading. What is required to make an insider trading case under the classical (or fiduciary) theory of insider trading? With the facts presented, can we build a solid case under this theory? 4. Class, we’ve had a great discussion about insider trading. The Martha Stewart case was a high profile case a while back. Martha Stewart’s case focused our nation’s attention on insider trading. Let’s go ahead and discuss it. Feel free to pick and choose which question(s) to respond to and offer support from our course material. –What were the facts that made her actions insider trading? –Were other people guilty too? –How is Martha’s case similar to the Bleakney case? –How is it different? –What would you do if you found yourself in a situation similar to Martha’s? –What were the justifications that were presented to defend what she did? –At the end of the day do you think her conduct was unethical? –Did it impact the financial health of her company? The links below include an SEC press release about the Martha Stewart case and a NY Times article about her impending stay in prison at the time. http://www.sec.gov/news/press/2003-69.htm http://www.nytimes.com/2004/10/08/business/08martha.html?_r=1&oref=slogin