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12 Cards in this Set
- Front
- Back
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alternative dispute resolution
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resolution of legal problems through methods other than litigation
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negotiation
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a bargaining process in which disputing parties interact informally to attempt to resolve their dispute
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adversarial negotiation
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negotiation in which each party seeks to maximize its own gain
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problem solving negotiation
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negotiation in which the parties seek to achieve joint gain
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mediation
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a type of intensive negotiation in which disputing parties select a neutral party to help facilitate communication and suggest ways for parties to solve their disputes
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arbitration
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disputes are submitted for resolution to private nonofficial persons selected in a manner provided by law or the agreement of the parties
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binding arbitration clause
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a contract provision mandating that all disputes arising under the contract must be settled by arbitration
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submission agreement
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a contract which provides that a specific dispute will be resolved in arbitration
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MED-ARB
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A TYPE OF DISPUTE RESOLUTION PROCESS IN WHICH BOTH PARTIES AGREE TO start OUT IN MEDIATION AND IF unsuccessful, to move on to arbitration
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summary jury trial
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an abbreviated trial that leads to a nonbinding jury verdict
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minitrial
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a type of conflict resolution in which lawyers for each side present their arguments to a neutral adviser who then offers an opinion on what the verdict will be if the case foes to trial this decision is not binding
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private trials
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ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgement in a dispute
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