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When Roger and Susan divorced, they entered into a property settlement agreement that was incorporated into the final divorce degree. The property settlement agreement contained

  1. When Roger and Susan divorced, they entered into a property settlement agreement that was incorporated into the final divorce degree. The property settlement agreement contained a clause that mandated arbitration of any dispute arising out of the agreement. Roger failed to make several alimony and child support payments, and Susan sought court enforcement of the property settlement agreement. Roger's motion to have the court compel arbitration was granted, and the dispute was submitted to arbitration. The arbitrator's decision required Roger to pay Susan $37,648 for back alimony payments and $12,284 for overdue child support. Roger now wants to challenge the validity of the arbitration clause in alimony and child support matters. He thinks, as a matter of public policy, such matters should be settled by the courts, not by arbitration. Will the court agree with Roger?
  2. What are the advantages and disadvantages of ADR?

Case Analysis:

In a case involving an ADR clause, the parties to a contract disagreed as to whether a clause required them to submit a dispute over a trade secret problem to arbitration.The clause required the parties to submit "any controversy or claim arising out of the agreement" to arbitration.Strictly speaking, the trade secret controversy did not arise "out of" the agreement.However, it was clear that the trade secret dispute was related to the agreement. The trail court held that the language of the the ADR clause was too narrow and that because the trade secret dispute did not arise out of the controversy, the parties were not required to send it to arbitration. Should the appellate court overrule the trial court's decision rejecting the requirement that the parties arbitrate the trade secret dispute? E-plain your response.

3.--- A. What is the closest AAA regional office to Raritan Valley Community College?

B. Who is the contact person at the regional office you located?

C. What is the initial filing fee for an employee who files an employment dispute against his employer?

D. What is the initial filing fee for a construction claim of $12,000?

E. If you had a dispute with another person, would you prefer to go to court, or instead go to arbitration? E-plain your preference.

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