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14 Cards in this Set
- Front
- Back
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arbitration
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submission of a dispute to an extrajudicial authority for decision
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award
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the decision announced by an arbitrator
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caucus
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The name used for a private meeting between a mediator and one of the parties involved in a mediation.
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De novo judical review
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A proceeding wherein the judge or hearing officer hears the case as if no arbitration has occured
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Focus groups
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A group acting as a mock jury
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mandatory arbitration
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A form of resolving a dispute, as an alternative to litigation, that is required by statute.
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med-arb
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abbreviation, an A.D.R. that involved party first using mediation and then arbitration for unsolved problems.
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mediation
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An A.D.R. whereby a 3rd party (mediator) assists disputing parties in reaching a settlement. 3rd part mediator lacks authority to impose a binding solution on parties dispute.
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Position bargaining
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method of negotiation focusing on exchanging offers, leading to possible middle ground.
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postdispute arbitration clause
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agreement to use arbitration or other methods of ADR after dispute
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predispute arbitration clause
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A.D.R. systems agreed to by contracting parties prior to a dispute arising.
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Principle Interest based negotiations
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method of negotiation focusing on parties interest opposed to positions. description= options, alternatives, objective criteria and relationships. (favored over position bargaining)
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submission
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The act or process of referring an issue to arbitration.
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voluntary arbitration
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Parties agreeing to arbitration as opposed to being forced into it through a contract.
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