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BUA CHAPT 4
Managing disputes: alternative dispute resolution and litigation strategies
| Term | Definition |
|---|---|
| Alternative dispute resolution (ADR) | resolving disputes apart from court litigation |
| Types of ADR | arbitration, mediation, conciliation, medarb, minitrial, rent-a-judge, summary jury trial, early neutral evalution, international chamber of commerce (ICC) |
| Arbitration | hearing with relaxed rules of evidence |
| mediation | assists the parties to negotiate a settlement |
| conciliation | meets with the parties separately in an attempt to resolve their differences |
| medarb | combination of mediaiton and arbitration |
| minitrial | private judge and courtroom; shortened trial |
| rent-a-judge | disputes resolved y hired judge |
| summary jury trial | advisory verdict by jurors in a mock trial |
| early neutral evaluation | third-party evaluation before lititgation proceeds |
| international chamber of commerce(ICC) | voluntary international court that ofers arbitration in international disputes |
| court litigation steps | 1.complaint. 2.sumons. 3answers. 4.statute of limitations 5.discovery 6.production 7.deposition 8.interrogatories 9.admissions. 10.trial 11.voir dire 12. opening statements 13. plaintiff's case 14. defendant's case 15.evidence |
| complaint | plaintiff's statement of a case |
| summons | document to serve defendant with lawsuit |
| answers | defendant's response to complaint |
| statute of limitations | time limit for filing suit |
| discovery | advance disclosure of evidence in case |
| production | obtain and produce document |
| deposition | questioning of witnesses under oath |
| interrrogatories | information questions to other party |
| admissions | acknowledgement of facts in a case |
| trial | court proceeding for hearing evidence |
| voir dire | jury selection method to screen for bias |
| opening statements | frame by parties' lawyers of the case |
| plaintiff's cse | facts for proving complaint presented |
| defendant's case | defenses to allegations presented |
| evidence | testimony and documents presented in the case; no hearsay |
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