Considering new developments Flashcards
Dispute Resolution Continuum
> continuum that is based on who will determine the outcome of the dispute
at one end are adjudicatory methods, in which a 3rd party decided how to resolve the dispute
at the other end are consensual methods in which the partis resolve the disputes themselves
consensual processes
parties resolve the suit themselves
negotiation, mediation, early neutral evaluation, judicial settlement conference, summary jury trial, conciliation, mini-trial, and non-binding arbitration
collaborative law
the lawyers and clients agree to negotiate from the outset of the case using a problem solving approach in negotiation
doctrine of freedom
freedom of contract, stands for the principle that agreements freely and voluntarily entered into should be enforced. PArties are generally free to agree to whatever they lik, it is beyond the authority of the court to interfere with their agreement
civil resolution tribunal
an online dispute resolution that is available 24/7. q
main stages of crt
information, problem diagnosis, and self help
solution explorer
a user friendly stage that provides tailored legal information, based on the user’s answers to interactive questions, on whether they have a valid claim and what legal route they can pursue in addition to tools, template letters, and other resources
party-to-party negotation
which is an automated negotiation through ODR process
case management
which involves a third party online facilitation, and opens several options
Rechtwijzer
specifically addresses divorce and neighbor disputes
online solutions court
meant to enhance access to justice by providing a less adversarial and more investigative court process that is more easily navigable for parties
online solutions court differences
(1) it will be conducted online; (2) it will
incorporate ADR; and (3) it will be used by the parties themselves.
online solutions court stages
exploratory which the parties will seek algorithmic tailored assistance
case management and conciliation by case officers
Matterhorn
the system handles mostly outstanding warrants and traffic violations, and it has been expanded to cover such areas aas small claims and family disputes
ny odr debt collection pilot
