Blaw Chapter 5 Vocab

Front 1

arbitration

Back 1

submission of a dispute to an extrajucicial authority for decision

Front 2

arbitrator

Back 2

the individual or panel members authorized by disputing partes to resolve a dispute through the arbitration process

Front 3

award

Back 3

the decision announced by arbitrator

Front 4

caucus

Back 4

the name used for a private meeting between a mediator and one of the parties incolved in mediation

Front 5

conflict

Back 5

the common occurrence in life when two or more points of view exist

Front 6

de novo judicial review

Back 6

a proceeding wherein the judge or hearing officer hers the case as if it had not been heard before

Front 7

dispute

Back 7

the circumstance when a party in conflict claims the right to do or have something and the other party denies, rejects, or ignores the claim

Front 8

focus groups

Back 8

a group acting as a mock jury; attorneys present casses to such a group to get the members feedback on the merits of the various arguments presented

Front 9

mandatory arbitration

Back 9

a form of resolving a dispute, as an alternative to litigation that is required by a statute

Front 10

med- arb

Back 10

an abbreviation for an alternative dipute resolution system that involves parties going through mediation and agreeing to resolve as many issues as possible. these parties agree that any matters not resolved in the mediation process will then be arbitrated.

Front 11

mediation

Back 11

an alternative to litigation whereby a third party attempts to assist the disputing parties in reaching a seelement. the third party mediator lacks autority to impose on the parties a binding solution to the dispute

Front 12

mediator

Back 12

an individual who assists disputing parties in their efforts to resolve their differences. mediators must rely on their persuasive abilites since they have no authority to settle the dispute.

Front 13

negotiation

Back 13

the process used to persuade or coerce someone to do or to stop doing something

Front 14

positional bargaining

Back 14

a method of negotiation that focuses on the parties exchanging offers, with concessions being made so that parties find a middle ground. the seller refers to the last offer made as its bottom line, and the buyer refers to the last offer made as its top dollar.

Front 15

postdispute arbitration clause

Back 15

can be applicable to arbitration, mediation, or other methods of ADR; such a clause is signed by parties that are already in dispute.

Front 16

predispute arbitration clause

Back 16

applicable to AdR systems agreed to by contracting parties prior to a dispute arising; usually this clause is a part of the original contract between the parties

Front 17

principled, interest-based negotiations

Back 17

a method of negotiation that focuses on the parties interests as opposed to positions. the language used to describe this bargaining includes otions, alternatives, objective criteria, and relationships

Front 18

submissions

Back 18

the act or process of regerring an issue to arbitration

Front 19

voluntary arbitration

Back 19

a mehod of resolving a dispute, as an alternative to litigatioin, that the parties agree to utilize. this agreement may be made before or after a dispute arises