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BLS chapter 5
Terms in this set (16)
A form of communication between opposing sides in a conflict in which offers and counteroffers are made and a solution occurs only when both parties agree
a disagreement, argument, or debate
A method of negotiation that focuses on the parties exchanging offers, with concessions being made so that parties find a middle ground. The seller refers to the last offer made as its bottom line, and the buyer refers to the last offer made as its top dollar.
principled, interest-based negotiations
A method of negotiation that focuses on the parties' interests as opposed to positions. The language used to describe this bargaining includes options, alternatives, objective criteria, and relationships.
(n.) - one who settles controversy between two sides
settling a dispute by agreeing to accept the decision of an impartial outsider
The act of referring a matter to arbitration
A method of resolving a dispute, as an alternative to litigation, that the parties agree to utilize. This agreement may be made before or after a dispute arises.
A form of resolving a dispute, as an alternative to litigation, that is required by a statute.
the decision of an arbitrator
predispute arbitration clause
Applicable to ADR systems agreed to by contracting parties prior to a dispute arising; usually this clause is a part of the original contract between the parties.
postdispute arbitration agreement
can be applicable to arbitration, mediation, or other methods of ADR; such a clause is signed by parties that are already in dispute
de novo judicial review
A proceeding wherein the judge or hearing officer hears the case as if it had not been heard before.
A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.
one who reconciles opposing groups
A type of dispute resolution process in which both parties agree to start out in mediation and, if unsuccessful, to move on to arbitration.
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