ADR Midterms Part 1 Flashcards
Where any process or procedure used to resolve a dispute or controversy
Alternative Dispute Resolution
Common Types of ADR
(MAME) Mediation, Arbitration, Mini Trial, Early Neutral Evaluation
Voluntary process in which mediator facilitates communication and negotiation
Mediation
Result of Mediation
Settlement or Compromised Agreement
Voluntary process in which Arbitrator facilitate the resolution of dispute
Arbitration
Partial or final decision of arbitrator. Judgment rendered in Arbitration.
Award
person who participates in mediation and whose consent is necessary to resolve dispute.
Mediation Party
Similarities of Mediation and Arbitration
- Both are Methods of ADR. 2. Arbitrator and Mediator both chosen by parties. 3. Both Voluntary processes
Covers matters arising from relationships of a commercial nature.
Commercial Arbitration
mediation under the auspice of the court in accordance with SC Guidelines.
Court-annexed Mediation
Mediation ordered by court. Conducted in accordance with agreement of parties. When action prematurely commenced in violation of such agreement.
Court-Referred Mediation