Alternative Dispute Resolution Flashcards
ADR is wheee civil disputes are resolved as an alternative to _
Civil litigation
ADR in some instances may be _ and in other instances may be _
Voluntary
Mandatory
Mandatory alternative dispute resolution is found in many forms of contracts such as _
Brokerage contracts
Mandatory alternative dispute resolution is found in many forms of contracts such as (2)
Employment contracts
Construction contracts
If you enter brokerage contract with a stock broker contract probably going to contain _
Mandatory arbitration clause
Mandatory arbitration clause requires you _ rather than filing suit
Arbitrate any dispute
In employment contracts _ is normal
Mandatory ADR
In most arbitrations there is one _ who acts as a judge
Arbitrator
In some case, there may be more than one arbitrator who act as judge/s to _
Decide case
Arbitrators act in all instances without _
Jury
Arbitrators normally picked by the _
Parties
If parties cannot agree on who arbitrator will be then _
Mechanism in arbitration agreement as to how arbitrator will be chosen
ADR is speedier and _
Cheaper
Most contracts with _ and architects have arbitration clauses in them
General contractors
Individual consumer should be wary of _ provisions in contract
Mandatory arbitration
Be wary of mandatory arbitration provisions in contracts because it constitutes a waiver of _
Right to jury trial
Arbitration is not always _ than court trial
Less expensive
Most arbitrators are _ who expect to be paid for their time
Professionals
For multi day arbitration hearings, you could pay _ in arbitration fees
Thousands of dollars
Pay arbitration fees in addition to paying _
Your own attorney’s fee
A trial in front of judge, on the other hand, only carries with it _
Expense of filing suit at a court house
Expense of filing suit at a courthouse in most jurisdictions costs _
A couple hundred dollars
