Chapter 19 (Alternative Dispute Resolution)

Question 1

Arbitration

Answer 1

The submission by the parties of their dispute to an impartial tribunal for resolution ( informal resolution of a dispute between parties)

Question 2

Neutrals

Answer 2

Term used for arbitratior in judicial arbitration cases by some courts

Question 3

Mediation

Answer 3

A process in which a neutral person helps to facilitate comunication between the parties to assist themin reaching a mutually acceptable agreement

Question 4

Arbitration Award

Answer 4

The ruling arising from arbitration

Question 5

Demand for Arbitration

Answer 5

The form that a party files to commence arbitration through the AAA

Question 6

Trial De Novo

Answer 6

One party within 60 days of filing the award requests A New Trial (which is why judicial arbitrations are considered non-binding).

Question 7

Judicial Arbitration

Answer 7

Arbitration throught the court system (unless otherwise agreed to by the parties, judicial arbitration is nonbinding)

Question 8

Arbitration by Agreement

Answer 8

Three basic methods

1. CCP 1141.12
2. CCP 1280 eet seq.
3. Rules established by the AAA (American Arbitation Association)

Question 9

Claimant

Answer 9

The party filing the demands

Question 10

Respondent

Answer 10

The party responding to the demand

Question 11

Mediator

Answer 11

A neutral person who will listen to both sides of the dispute

Question 12

Case Administrator

Answer 12

A staff member from AAA who sends out a list of arbitrators to the parties then choses an arbitrator who has not been objected to.