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21 Cards in this Set

  • Front
  • Back
Initial discussions between people in conflict without the presence of third parties.
Informal talks
A type of resolution that cannot be further challenged.
Binding resolution
A formal process using a judge and juries to resolve conflicts.
Court action
A process in which a third party listens to both sides and helps them decide the outcome of the dispute for themselves.
Mediation
A less formal process than a trial in which a third party listens to both sides and decides the outcomes of the dispute.
Arbitration
Another name for bringing a lawsuit to court.
Litigation
(True/False) If you choose to represent yourself in court, you are bound by the same rules that attorneys must follow.
True
What are the 3 types of Alternative Dispute Resolution?
Mediation, Arbitration, Negotiation.
The right of government to take away private land for public use.
Eminent Domain
What are the 5 benefits of mediation?
1. Voluntary
2. Confidential
3. Effective
4. Enforceable
5. Free
A court supervised procedure that proves or validates the deceased person's will
Probate
What is the major advantage of mediation?
Niether party can be forced to accept the solution suggested or proposed.
What must happen for an agreement reached in mediation to become legally binding on both parties?
It must be written down
The parties give the power to settle their dispute to an impartial 3rd party
Arbitration
Neutral third party used to settle a dispute (acts as judge and jury)
Arbitrator
A dispute settled by a 3rd party in which the dispute is legally enforceable and final.
Binding arbitration
Must legal precedent be followed in binding arbitration?
Yes
What is a major disadvantage of binding arbitration?
You cannot appeal the decision
What is the intent of binding arbitration?
Resolution (coming to a final agreement without going to court)
What is the intent of non-binding arbitration?
Negotiation
A process where each party appoints a spokesperson to represent him or her in the reconciliation process
Negotiation