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I am supposed to be creating a memo. I just need understanding on beggining to write the memo. Arbitration Agreements In the Week 3 class,

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I am supposed to be creating a memo. I just need understanding on beggining to write the memo.
image text in transcribed
Arbitration Agreements In the Week 3 class, you will be negotiating with a representative for the other party regarding a dispute resolution clause for a contract involving the licensing of certain technology to your client. Both parties are concerned about trying to make the arbitration process as efficient and economical as possible, and would like you to determine before negotiating whether you believe the AAA Commercial Arbitration Rules or the JAMS Comprehensive Arbitration Procedures (including Optional rules), or JAMS Streamlined Rules, would be more suitable for this purpose. You are aware that some of the chief ways of promoting efficiency and economy are: A. Using rules that provide for shorter timetables for arbitration (variously referred to as expedited or streamlined rules). [Your client believes some kind of expedited or streamlined rules might be appropriate, at least for disputes involving no more than $1M.] B. Arranging for an emergency arbitrator to order preliminary relief (such as an order to the other party requiring them to continue to perform their obligations under the contract) C. Placing some limits on the scope of information exchange (discovery). [Your client would be OK with tailored information exchange, including a limited number of witness depositions and exchange of documents that are relevant and material.] D. Providing for arbitrators to effectively manage motions made by attorneys, some of which may help to settle all or part of the dispute early. E. Using a sole arbitrator instead of a three-member panel. F. Including a mediation stage in the dispute resolution provision as a way of promoting early settlement of disputes, or arranging for mediation before a separate mediator to occur at some point during arbitration, usually during the prehearing process. You need to take a close look at the AAA and JAMS Rules and tell your client how well they address each of the above concerns, and suggest which rules might be used. Here are some guidelines/hints: (1) Note that the AAA Commercial Rules include \"Expedited Rules\" for disputes involving relatively small dollar amounts. These rules are very bare-bones. What do they include? What do they not include? Are they sufficient for your situation. (2) Note that JAMS has a couple of choices when it comes to streamlined or expedited processes. The JAMS Comprehensive Arbitration Rules and Procedures permit parties to agree to Optional Expedited Rules in their dispute resolution provision. Read these carefully. What do they provide? ALTERNATIVELY, JAMS publishes totally separate Streamlined Rules that parties could choose instead of the JAMS Comprehensive Arbitration Rules and Procedures. You should compare these choices. (3) Try to organize your memo in a way that it is easy for the reader to comprehend. For example, you might divide the memo into sections devoted to each set of rules and then discuss how well they address the six ways of promoting speed, efficiency, etc. (A through F above). Or, you could do a side-by-side comparison of how each set of rules addresses each of the six items (A through F). (4) If you are making reference to a particulate section of any rules, please refer to the section number (for example, \"AAA Rule E-2,\" etc. (5) One final thing... Please note that it is possible to decide to use the JAMS Streamlined Rules for disputes involving under a certain dollar amount, and use the JAMS Comprehensive Rules (including Optional Rules) for matters involving higher dollar amounts. (6) Please post your memo in the section of the course platform entitled Gradebook under Written Assignment 2. You should be able to provide a complete response in under 1,000 words

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