Alternative Dispute Resolution 2 Flashcards
One cost saving feature of arbitration, you don’t need to pay for _
Discovery process
Disadvantage of arbitration is that most arbitrators are _
Professionals in that particular field (architects, brokers, etc.
Arbitrators are professionals in specific fields, not _ (2)
Law
Contract interpretation
(2) are trained in law and contract interpretation
Lawyers
Judges
Because judges are trained in law/ckntract interpretation _
More prudent having them decide your case
Judge more likely to be neutral in any _
Dispute resolution process
Judges required by law and professional ethics to be _
Neutral
In general _ are not to advantage to consumer
Mandatory arbitration clauses
If you see mandatory arbitration clause in contract, you can see if it can _
Be changed to voluntary
_ is another form of Alternative Dispute Resolution
Neutral case evaluation
Neutral case evaluator provides guidance to the parties as to how _
Their dispute may be resolved
Neutral case evaluator may be from any profession but usually (2)
Lawyer
Judge
In neutral case evaluation, parties may submit _ as to the merits of their case
Written and/or oral presentations
Neutral case evaluator may ask for further explanations on certain _
Issues
Neutral case evaluator will then render a non-binding recommendation as to (2)
What the case is worth
How it should be resolved
