Chapter 6 Dispute Resolution
Order by
18 terms
Terms | Definitions |
|---|---|
 Alternative Dispute Resolution | Methods of resolving disputes other than litigation. Developed in response to the expense and difficulty of bringing a lawsuit. |
| Arbitration | Parties choose neutral third party to hear evidence and testimony and decide the case. Arbitrator makes a decision and enters an award. Arbitration may be binding or non-binding |
| Uniform Arbitration Act | Adopted by half of the states. Promotes the arbitration of disputes at the state level. |
| Federal Arbitration Act | Arbitration agreements involving commerce are valid, irrevocable, and enforceable contracts. |
| Mediation | Parties choose neutral third party to assist them. Parties reach settlement. Mediator does not make judgement or issue award. |
| Concilliation | Parties use an interested third party to act as mediator |
| Minitrial | Short session in which lawyers for each side present their cases to representatives of each party who have the authority to settle the dispute. |
| Fact-finding | Process in which the parties hire a neutral party to investigate the dispute and report findings back to both sides. |
| Judicial Referee | Court-appointed referee who conducts a private trial and renders a judgment Parties reserve their right to appeal |
| intervention | other parties have interest in lawsuit and become parties |
| Consolidation | Several plaintiffs have filed lawsuits stemming from same situation. Court will consolidate if no undue prejudice. Reduces strain on court system. |
| Discovery | A legal process during which both parties engage in various activities to discover facts of the case form the other party and witnesses prior to trial. |
| Depositions | Oral testimony given by party or witness. |
| Interrogatories | Written questions submitted by one party to the other. May require documents and must be answered and returned within a set time period. |
| Pretrial motion | A motion a party can make to try to dispose of all or part of a lawsuit prior to trial. |
| Motion for Judgement on the pleadings | Motion that alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts. |
| Motion for Summary Judgment | Motion that asserts that there are no factual disputers to be decided by the jury. |
| Res Judicata | Once the case and all appeals have been heard and exhausted, the case between these parties and this matter is forever closed. |
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