Ch 4 - Dispute Resolution Flashcards
alternative dispute resolution (ADR)
a range of options for resolving disputes as an alternative to litigation
negotiation
process of deliberation and discussion intended to reach a mutually acceptable resolution to a dispute
mediator
person who helps the parties resolve their dispute
arbitrator
person who listens to the parties to a dispute and makes a ruling that is usually binding on the parties
binding
final and enforceable in the courts
plaintiff
party that initiates a lawsuit against another party
defendant
party being sued
class action
lawsuit launched by one person who represents a class of persons having similar claims against the same defendant
pleadings
formal documents concerning the basis for a lawsuit
claim
formal document that litigation by setting out the plaintiff’s allegations against the defendant
defence
defendant’s formal response to the plaintiff’s allegations
counterclaim
claim by the defendant against the plaintiff
discovery
process of disclosing evidence to support the claims in a lawsuit
trial
formal hearing before a judge that results in a binding decision
burden of proof
obligation of the plaintiff to prove its case
evidence
proof presented in court to support a claim
decision
the judgment of the court that specifies which party is successful and why
costs
legal expenses that a judge orders the loser to pay the winner
judgment debtor
party ordered by the court to pay a specified amount to the winner of a lawsuit
appeal
process of arguing to a higher court that a court decision is wrong
appellant
the party who begins or files an appeal
respondent
party against whom an appeal is filed
contingency fee
fee based on a percentage of the judgment awarded, and paid by the client tot he lawyer only if the action is successful
limitation period
time period specified by legislation for commencing legal action
