Arbitration and litigation Flashcards
used to resolve a dispute between private parties in court
litigation
by whom the pre-trail work is carried out (uk)
solicitor
who will represent the claimant of defendant during a hearing or trail
barrister
ADR
alternative dispute resolution
impartial referee who decides on the matter, the parties are bound by his decision
arbitration
ODR
online dispute resolution
files a lawsuit against the defendant
claimant
delivers judgement when the case has been heard
the court
an arbiter or arbitration tribunal decides on the outcome of the case
arbitration
an independent third party helps the disputing parties reach a settlement
mediation
phase where the dispute arises and one party will have their lawyer send a letter to the other party in an attempt to reach settlement.
pre-trail phase
stage where the facts of the case are heard bu a jury or a judge. the court delivers judgement
trail phase
stage where one or both parties gather evidence about the dispute (taking testimonies, examine documents)
discovery phase
stage where the winning party can collect the judgement
enforcement phase
5 tips to prevent large legal fees
- try to reach a settlement
- hire a lawyer before firing someone
- get everything in writing
- insert a ‘loser pays’ rule
- check insurance policies