Chapter 9

Created by blackiechan55 

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Alternate Dispute Resolution

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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