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Business Law Ch 4
Business Law with UCC Applications Ch 4
| Question | Answer |
|---|---|
| ADR Contract Clause | A clause that specifies that the parties to the agreement have promised to use an alternative dispute resolution technique when a disagreement arises rather than litigating the issue. |
| Alternative Dispute Resolution (ADR) | A process that occurs whenever individuals attempt to resolve a disagreement by stepping outside the usual adversarial system and applying creative settlement techniques, many of which have fact finding and the discovery of truth as their goal. |
| Arbitration | The process by which an outside party settles a dispute between two other parties. |
| Arbitrator | The third party in the arbitration procedure whose job is to settle the dispute. |
| Early Neutral Evaluation (ENE) | A process similar to that of a settlement hearing, which may result in a final decision or be used to help shape the final decision. |
| International Arbitration Agreement | A pledge to use arbitration if parties find themselves in disagreement about enforcement rights under an orginal contract. |
| Med-Arb | A form of ADR that combines the best aspects of both mediation and arbitration. The parties first submit to a mediation session. I the matter cannot be settled, it moves to an arbitration hearing. |
| Mediation | The process by which an outside party attempts to help two other parties settle their differences. |
| Mediator | The third party in mediation whose job is to convince the contending parties to adjust or settle their dipute. |
| Negotiated Rule Making | Occurs when an agency that is about to create a new rule or revise existing rules enters into a cooperative process by which all parties affected by the rule have a chance to shape the final form that the rule will take. |
| Nongovernmental Organization (NGO) | An organization that functions beyond the boundaries of any one governmental body. |
| Partnering | Partnering is a process that establishes supportive relationships among the parties to a contract to head off disputes. |
| Post-Appelate Procedures | The process of taking a case that has been rejected or dismissed by a domestic court to an international organization, such as the Inter-American Commission on Human Rights of the Organization of American States. |
| Private Civil Trial | Trials run according to the same rules of procedure and evidence as trials run under the official auspices of the court. The parties can hold the trial when and where they choose, and they can choose the judge. |
| Science Court | A proposed court that as a forum for disputes involving scientific and technological controversies. |
| Settlement Week | An ADR technique in which the court clears its docket of all business except settlement hearings. |
| Summary Jury Trial | A shortened version of a trial conducted in less than a day before a jury. The jury's verdict is advisory only. |
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dengler
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