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10 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What are the 3 most common ADR's (Alternative Dispute Resolution) outside the courtroom?
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- Arbitration
- Mediation - Negotiation |
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What is Arbitration?
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- disputants state their views, offer evidence and let an impartial neutral third party, the arbitrator, make a legally binding decision that will end the dispute
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What are the benefits of arbitration?
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- fast and effective way to resolve a problem
- hearing is private - allows parties to determine who will hear their case - disputants have a chance to choose people with expertise in certain areas |
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Who are the Arbitrators?
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- impartial person chosen by the parties
- reads documentary evidence, hears testimony - examines evidence and renders an opinion on liability and damages - must have the expertise in the disputed fields |
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Discuss the process of arbitration.
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- Parties agree to follow the arbitration rules as set forth in the law
- Parties also must sign a written contract to arbitrate that defines what the arbitrator is to decide, and selects an arbitrator - Arbitration hearings are held often in the arb's office |
- Each side presents witnesses and other evidence, and is allowed to question the other side's witnesses
- Arbitrator renders a decision - Decision of the arbitrator is final unless otherwised stated in the contract |
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What is Mediation?
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- the parties meet with a mutually selected impartial and neutral person who assists them in the negotation of their differences
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Who is the Mediator?
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- an invaluable neutral resource to all participants in the mediation process
- lawyers, insurance professionals, etc - keeps the process focused and progressive |
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Role of the Mediator is...
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- leaves the decision power totally and strictly with the parties
- does not decide what is fair or right |
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What are the steps in a Mediation Process?
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- Preliminary meeting
- Joint Meeting - Individual sessions |
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Differentiate between Arbitration and Mediation.
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Arbitration hears evidence and makes a decision. Much like a courtroom case, less formal.
Mediation is a negotiation with the help of a neutral third party. Parties don't reach a solution unless all sides agree. |
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