Chapter 9
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Created by:
blackiechan55 on May 9, 2010
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Alternate Dispute Resolution
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11 terms
Terms | Definitions |
|---|---|
 Alternative dispute resolution | Provides the parties with a substitute means to resolve disputes |
| Mediation | Often facilitative but also can provide an early evaluation by a third party who makes non-binding recommendations generally not binding upon parties, is non-adjudicative |
| Arbitration | Adjudicative or similar to a judge's decision, binding decisions |
| Litigation | The traditional method for resolving disputes, the initiation of a civil action or lawsuit in a public forum, a state or federal court |
| Negotiation | An informal and voluntary procedure in which the parties or their representatives try to work out a resolution of their differences without the help of a neutral third party or judge |
| Caucuses | A meeting the mediator calls without the counsel being present or without the parties being present |
| Settlement conferences | An increasingly mandated process by which a judge, magistrate, or other judicially appointed individual explores settlement possibilities in an effort to eliminate pending litigation |
| Masters | individuals appointed by the court to decide specific issues such as the supervision of discovery in a complicated litigation matter. Provide the rulings and submit their finding to the appointing judge thereby freeing the courts time to devote to actual litigation |
| Mini-trial | Not a trial at all, but derives its name from reliance on court like procedures. It's a voluntary process used in complex or technical matters in which the attorneys present an abbreviated version of their case to a panel of decision makers such as a mock jury panel of people selection from the community |
| Summary jury trial | A court sponsored settlement process in which a jury renders an advisory verdict after an abbreviated trial with all its formalities |
| Ombudsman | A facilitator available to assist the public, employees, or those served by an institution with problems or complaints |
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