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Chapter 9

Alternate Dispute Resolution
STUDY
PLAY
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