Chapter 4

Question 1

Alternative Dispute Resolution (ADR)

Answer 1

a range of options for resolving disputes as an alternative to litigation, most common are negotiation, mediation, and arbitration

Question 2

Release

Answer 2

an agreement where a party agrees to relinquish the past, present and future claims arising from a certain event. Binding on the parties unless it is grossly unfair or unconscionable

Question 3

Mediator

Answer 3

a person who helps the parties resolve their dispute

Question 4

Arbitration

Answer 4

arbitration is a method for resolving whereby a third person appointed by the parties makes a decision.

Question 5

Binding

Answer 5

final and enforceable in the courts

Question 6

Plaintiff

Answer 6

the party that initiates a lawsuit against another party

Question 7

Defendant

Answer 7

The party being sued

Question 8

Limitation Period

Answer 8

the time period specified by legislation for commencing legal action

Question 9

Class Action

Answer 9

a lawsuit launched by one person who represents a class of persons having similar claims against the same defendant

Question 10

Pleadings

Answer 10

the formal documents concerning the basis for a lawsuit

Question 11

Claim

Answer 11

the formal document that initiates litigation by setting out the plaintiff’s allegations against the defendant

Question 12

Negotiation

Answer 12

two parties sit down and try to settle things between themselves

Question 13

Mediation

Answer 13

third party helps to mediate a solution – facilitate discussion but not making decisions

Question 14

Arbitration

Answer 14

similar to mediation, similar to litigation – the third party here listens to both sides’ positions in a more formal way including evidence, witnesses, etc. and then arbitrator has authority to make binding decision

Question 15

Litigation

Answer 15

third party judge, public knowledge, no control for the parties but it is an absolutely final, legally binding decision