Alternative Dispute Resolution Flashcards
1
Q
What is Mediation?
A
Third party (mediator) reviews the matter, documents and other evidence of a claim.
2
Q
Is mediation settlement binding?
A
Not unless the disputants agree.
3
Q
Who chooses the mediator?
A
Disputants mutually agree.
4
Q
What is Arbitration?
A
Third party arbitrator with knowledge in the field examines the matter and evidence.
5
Q
Is arbitration settlement binding?
A
Settlement is binding and no explanation is needed from arbitrator. No appeal process.
6
Q
What is Facilitation?
A
Facilitator interviews both parties, facilitator provides options for both parties to accept the facilitators recommendations.
7
Q
Is facilitation binding?
A
No.
8
Q
Who selects the facilitator?
A
Both disputants and their attorneys.
