Alternate Dispute Resolution Flashcards
Alternate Dispute Resolution refers to methods used to ______________ ________________ outside the courtroom.
resolve disputes
Alternate Dispute Resolution refers to methods used to resolve disputes outside the courtroom. These methods are designed to be _______ _________ and often more efficient than traditional litigation.
less adversarial
_________ __________ _____________ refers to methods used to resolve disputes outside the courtroom. These methods are designed to be less adversarial and often more efficient than traditional litigation.
Alternate Dispute Resolution
________________ is a voluntary and informal process where the disputing parties communicate directly or through their representatives to reach a mutually acceptable resolution.
negotiation
Negotiation is a ________ and ___________ process where the disputing parties communicate _________ or through their ____________ to reach a mutually acceptable resolution.
voluntary
informal
directly
representatives
Negotiation is a voluntary and informal _________ where the ________ ________ communicate directly or through their representatives to reach a ________ _________ ________.
process
disputing parties
mutually acceptable resolution
_____________ is when a neutral third party, the mediator, helps the disputing parties communicate and negotiate to reach a mutually acceptable resolution. The mediator does not impose a decision but facilitates the process.
Mediation
Mediation is when a neutral _________ _______, the ________ helps the disputing parties communicate and negotiate to reach a mutually acceptable resolution. The mediator does not impose a decision but facilitates the process.
third party
mediator
Mediation is when a neutral third party, the mediator helps the __________ ____________ communicate and negotiate to reach a mutually acceptable resolution. The mediator does not impose a _________ but facilitates the process.
disputing parties
decision
What is the most common Alternate Dispute Resolution?
Mediation
In the United States, _____________ is the most frequently used form of Alternate Dispute Resolution.
Mediation
_____________ has gained popularity due to its cost-effectiveness, flexibility, and the ability to preserve relationships between the disputing parties.
Mediation
Mediation has gained popularity due to its _______ __________, __________ and the ability to __________ ___________ between the disputing parties.
cost-effectiveness
flexibility
preserve relationships
_____________ is when a neutral third party or a panel of arbitrators hears the arguments and evidence presented by both parties and makes a binding or non-binding decision based on the merits of the case.
arbitration
Arbitration is when a ___________ third party or a panel of ____________ hears the arguments and evidence presented by both parties and makes a binding or non-binding decision based on the merits of the case.
neutral
arbitrators
Arbitration is when a neutral _______ ________ or a _________ of arbitrators hears the arguments and evidence presented by both parties and makes a binding or non-binding decision based on the merits of the case.
Arbitration is when a neutral third party or a panel of arbitrators hears the arguments and evidence presented by both parties and makes a ________ or _____________ decision based on the merits of the case.
binding
non-binding
______________ is similar to mediation; a conciliator helps the disputing parties reach a mutually agreeable resolution. Conciliation is often used in international disputes and may involve a more formal process than mediation.
Conciliation
___________ is similar to ____________; a __________ helps the disputing parties reach a mutually agreeable resolution. _____________ is often used in international disputes and may involve a more formal process than mediation.
Conciliation
mediation
conciliator
Conciliation
Conciliation is similar to mediation; a conciliator helps the disputing parties reach a mutually agreeable resolution. Conciliation is often used in _______________ __________________ and may involve a more ___________ process than mediation.
international disputes
formal
_______________ ___________ _________ is a neutral evaluator, usually an experienced attorney or retired judge, provides an early, non-binding assessment of the strengths and weaknesses of each party’s case. This helps parties to better understand their positions and may facilitate settlement negotiations.
Early Neutral Evaluation
Early Neutral Evaluation is a neutral evaluator, usually an experienced ________ or ________ ________, provides an early, non-binding assessment of the strengths and weaknesses of each party’s case. This helps the parties to better understand their positions and may facilitate settlement negotiations.
attorney
retired judge
Early Neutral Evaluation is a neutral evaluator, usually an experienced attorney or retired judge, provides an early, non-binding assessment of the ___________ and ____________ of each party’s case. This helps the parties to better understand their positions and may facilitate settlement negotiations.
strengths and weaknesses
_____ _________ is a shortened, informal version of a trial where each party presents its case to a neutral third party or a panel. The panel may provide a non-binding opinion, which may help the parties to negotiate a settlement.
mini-trial
Mini-trial is a _________, __________ version of a trial where each party presents its case to a neutral third party or a panel. The panel may provide a non-binding opinion, which may help the parties to negotiate a settlement .
shortened, informal
Mini-trial is a shortened, informal version of a trial where each party presents its case to a neutral third party or a panel. The panel may provide ___________ opinion, which may help the parties to ___________ a settlement.
non-binding
negotiate
__________ _________ _________ is a non-binding, abbreviated trial that takes place before a jury. The jury provides an advisory verdict, which can inform the parties and help them in reaching a settlement.
Summary Jury Trial
Summary Jury Trial is a ___________, __________ trial that takes place before a _________. The jury provides an advisory verdict, which can inform the parties and help them in reaching a settlement.
non binding, abbreviated
jury
Summary Jury Trial is a non-binding, abbreviated trial that takes place before a ________. The _________ provides an advisory verdict, which can inform the parties and help them in reaching a settlement.
Jury
jury
Summary Jury Trial is a non-binding abbreviated trial that takes place before a jury. The jury provides an _________ ___________, which can inform the parties and help them in reaching a settlement.
advisory verdict
_____________ is a hybrid process that combines mediation and arbitration. If parties are unable to reach a resolution through mediation, the mediator may switch roles and become an arbitrator, making a binding or non-binding decision on the dispute.
Med-Arb
Med-Arb is a ________ ________ that combines __________ and ____________. If parties are unable to reach a resolution through mediation, the mediator may switch roles and become an arbitrator, making a binding or non-binding decision on the dispute.
hybrid process
mediation and arbitration
Med-Arb is a hybrid process that combines mediation and arbitration. If parties are unable to reach a resolution through _________, the _________ may switch roles and become an __________, making a binding or non-binding decision on the dispute.
mediation
mediator
arbitrator
___________ _______ is a process in which parties and their attorneys commit to resolving disputes without litigation. The attorneys agree not to represent their clients in court if the collaborative process fails, and the parties work together to reach a mutually acceptable resolution.
collaborative law
Collaborative Law is a process in which parties and their attorneys commit to resolving disputes without ____________. The attorneys agree not to represent their clients in court if the collaborative process fails, and the parties work together to reach a mutually acceptable resolution.
litigation.
Collaborative law is a process in which parties and their attorneys commit to resolving disputes without litigation. The attorneys agree not to represent their clients in court if the __________ _________ fails, and the parties work together to reach a mutually acceptable resolution.
collaborative process
__________ ________ ___________ is when an impartial expert investigates the facts of the dispute and provides a report or opinion, which can help the parties negotiate a resolution or can be used as evidence in a subsequent proceeding.
Neutral Fact Finding
Neutral Fact-Finding is when an _________ _________ __________ the facts of the dispute and provides a report or opinion, which can help the parties negotiate a resolution or can be used as evidence in a subsequent proceeding.
impartial expert
investigates
Neutral Fact-Finding is when an impartial expert investigates the facts of the dispute and provides a report or opinion, which can help the parties negotiate a resolution or can be used as evidence in a ___________ ___________.
subsequent proceeding
___________ ______________ (A/K/A: Rent a Judge) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.
Follow the rules of procedure and evidence. Arbitration does not follow the rules of procedure and evidence.
Private Judging
Private Judging (A/K/A: _______ ____ ________) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.
Follow the rules of procedure and evidence. Arbitration does not follow the rules of procedure and evidence.
Rent a Judge
Private Judging (A/K/A: Rent a Judge) is when a ________ _______ or an experienced __________ is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.
Follow the rules of procedure and evidence. Arbitration does not follow the rules of procedure and evidence.
retired judge
attorney
Private Judging (A/K/A: Rent a Judge) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being __________.
Follow the rules of procedure and evidence. Arbitration does not follow the rules of procedure and evidence.
binding
Private Judging (A/K/A: Rent a Judge) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.
Follow the rules of_________ and _________. Arbitration does not follow the rules of procedure and evidence.
procedure and evidence
Private Judging (A/K/A: Rent a Judge) is when a retired judge or an experienced attorney is hired by the disputing parties to conduct a private trial or hearing, with the decision typically being binding.
Follow the rules of procedure and evidence. __________ does not follow the rules of procedure and evidence.
Arbitration
