ADR Flashcards
advisory opinion
an impartial person with legal expertise in the subject matter of the dispute undertakes an objective assessment of the relative strengths of the opposing positions in a dispute, including the probably outcome of the case if it were to proceed to trial or other adjusdication
arbitration
a hearing is held before a mutually acceptable, impartial individual or panel of individuals who make a decision on the merits of a case, after hearing the presentation of ecidence and oral argument.
May be binding or non-bind, voluntary or compulsory, form or informal, and may take place pursuant to the Arbitration Act or under an agreement between parties
conciliation
an informal process in which an impartial inidivudal facilitates communication, usually by conveying emssages between parties who are unwilling ot meet face-to-face, to identify common ground and to re-est. direct communication or negotiate an agreement between the parties without further contact
convening
parties meet with an impartial individual to select a process or a series of processes to resolve a dispute
early neutral evaluation
a process in which parties present facts and legal arguments concerning the appriopriate resolution of their case to each other and an impartial lawyer or expert in the substantive area of the dispute who gives advisory opinion on the issues presented
judicial dispute resolution (JDR)
a judge from the court agrees to hear submissions from lawyers with their clients on the facts ad=nd the law in an informla setting. The judge will discuess the issues with the participants and may give a non=binding advisory opinion on the legal merits of the case
mediation
an impartial mediator assists the disputants to identify what is important to them, structures the discussions, facilitates communication among participants and provides and opportunity to resolve the matters in a way agreeable to all disputants
med arb
a process beginning with mediation, which may evolve into arbitration fi the parties are unable to reach agreement and agree to be bound by the decision fo teh mediator, who becomes the arbitrator
referee
an impartial individual with some expertise in the area of the matters in dispute discusses the issues with participants and evaluates the merits of a case by reviewing written materials, including contract documents, and undertaking site visits depending on the circumstances
the first step
convening
two possible second steps
early neutral evaluation
jdr
third step
advisory opinion
alternative dispute resolution
an alternative means of solving legal problems and their social consequences without relying upon court and correctional systems to make final decisions and carry out punishments
