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4 Cards in this Set

  • Front
  • Back

What is ADR?

A range of problem solving processes and techniques for disagreeing parties to come to agreement outside of the formal judicial process.

Why might ADR be better than traditional, legal adversarial process?

ADR is claimed to be: 1) less expensive, 2) puts control into the hands of the parties, 3) is flexible and allows for joint and possibly more creative problem-solving; 4) might better help preserve the relationship.

What is negotiated rulemaking?

Rulemaking through the use of a negotiated rulemaking committee or advisory committee to negotiate the text of a proposed rule.

What is the difference between arbitration and mediation?

In mediation, a third party merely facilitates the parties' decision-making; the parties control the outcome. In arbitration, the third party may help facilitate but eventually makes a decision for the parties.