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17 Cards in this Set
- Front
- Back
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Litigation |
process of resolving an issue through the court system |
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alternative dispute resolution (ADR) |
the resolution of disputes in ways other than those involved in the traditional dispute process. Negotiation, mediation, and arbitration are forms of ADR. |
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negotiation |
process in which parties attempt to settle their dispute informally, with or without attorneys to represent them. |
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mini-trial |
a private proceeding in which each party's attorney brifely argues the party's case before the other party. Usually a third party is present
(form of mediation) |
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early neutral case evaluation |
parties select a neutral third party (generally an expert in the subject matter of the dispute) to evaluate their respective positions. (form of negotiations) |
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facilitation |
a third party assists disputing parties in reconciling their differences. |
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mediation |
neutral party acts as a mediator and works with both sides in the dispute to facilitate a resolution. Mediator actually presents solutions. Different from assisted negotiation because the mediator plays a more active role. |
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binding mediation |
parties agree that if they cannot resolve the dispute, the mediator can make a legally binding decision on the issue. |
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mediation arbitration (med-arb) |
the parties first attempt to settle their dispute through mediation. If no settlement is reached, the dispute will be arbitrated. |
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arbitration |
method of ADR in which an arbitrator ( a neutral third party or a panel of experts) hears a dispute and imposes a resolution on the parties. Arbirtation differs from other forms of ADR in that the third party hearing the dispute makes a decision for the parties. |
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arbitration clause |
clause in a contract specifying that any dispute arising under the contract will be resolved through arbitration rather than through the court system. |
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submission |
the act of referring a dispute to an arbitrator. |
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award |
arbitrator's decision on a case is called an award and usually the final word on the matter. |
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choice of law clause |
a clause in a contract designating the law (such as the law of a particular state) that will govern the contract. |
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summary jury trial |
a mock trial that occurs in a courtroom before the judge and jury. Evidence is presented in an abbreviated form, along with each side's major contentions . The jury then presents a verdict. The jury's verdict is advisory not mandatory. a |
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American Arbitration Association (AAA) |
major provider of ADR services. |
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online dispute resolution |
settling of disputed on online forums |
