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Alt/Online Dispute

BUL 3103 Placid Chapter 3

TermDefinition
Alternative Dispute Resolution (ADR) Describes any procedure or device for resolving disputes outside the traditional judicial process. Less expensive and less time consuming.
Negotiation Simplest form of ADR. Both parties come together informally with or without attorneys present.
Mini-Trial A private proceeding in which each parties attorneys briefly argues the party's case before the other party. Usually a neutral party is present to act as an adviser and an expert in the area being disputes.
Early Neutral Case Evaluation The parties select a neutral third party expert to evaluate their respective positions.
Mediation Oldest form of ADR, a neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution. Mediator talks to parties separately as well as jointly.
Arbitration A more formal method of ADR in which an arbitrator (A neutral third party or panel of experts) hears the dispute and imposes a resolution on the parties.
The Arbitration Process 1)Submission 2)The Hearing 3) The Award
Submission Act of referring the dispute to the arbitrator. The submission typically states the identities of the parties.
The Hearing They must state the issues that will be submitted to the powers that the arbitrator will exercise.
The Award The final decision by the arbitrator is referred to as the award.
Choice-of-Law Clause A clause in a contract designating the law (such as a law of a particular state or nation) that will govern the contract.
Created by: KAzetapi