ADR Flashcards
What is negotiation in ADR?
Informal discussions between parties to resolve a dispute; conversations are without prejudice and not court-reliable.
What does “without prejudice” mean in negotiation?
Statements made cannot be used as evidence in court.
What is arbitration?
A semi-formal procedure where a neutral third party hears evidence and makes a legally binding decision.
Do strict rules of evidence apply in arbitration?
No, strict rules of evidence do not apply.
What is mediation?
An informal process where a neutral mediator helps parties reach a resolution; it’s confidential and not binding until an agreement is signed.
What role does the mediator play?
The mediator facilitates discussion but does not rule on the merits of the case.
Who bears the costs in mediation?
Costs are typically borne by both parties.
