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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 |