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7 Cards in this Set
- Front
- Back
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Alternative dispute resolution (ADR)
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any means of settling a dispute outside the courtroom
•Negotiation •Mediation •Arbitration |
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Negotiation
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simplest form of ADR, in which the parties (with or without attorneys) attempt to reach a resolution without involving third parties
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Mediation
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a neutral third party mediator (a “neutral”) facilitates communication between the parties and guides them toward a voluntary settlement. Mediators do not impose a solution on the parties—they assist parties in finding solutions.
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Arbitration
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a dispute is submitted to one or more impartial persons (arbitrators) who will hold a hearing and make a final and binding decision in the matter
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Arbitration clauses
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specify choice of arbitrators and/or location of hearing, and may exclude some matters from the arbitration requirement.
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Federal Arbitration Act
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a party may petition a federal district court for an order compelling arbitration where there is a contractual agreement to arbitrate disputes
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Arbitration Process
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submission, hearing, award
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