Alternative Dispute Resolution Flashcards
Arbitration
form of alternative dispute resolution that resolves disputes outside the judiciary courts
Voluntary Arbitration
arbitrator mutually agreed upon and decision may be binding if parties agree
Mandatory Arbitration
arbitrator may not be mutually agree upon and decision usually binding
Negotiation
refers to a consensual bargaining process by the parties without outside assistance used primarily to complete transactions such as contracts and to resolve disputes
Four Parts of Negligence
Planning how you will approach the other party/ies
Exchanging information and requests
Offering and counter-offering concessions and compromises
Reaching an agreement that is mutually acceptable to all parties
Mediation
process in which a neutral mediator works collaboratively with the opposing parties to identify the areas of conflict and to assist them in reaching a settlement or agreement that is mutually satisfactory- don’t make final decision