non-adjudicative options Flashcards
1
Q
what happens in non-adjudicative options?
A
parties to a dispute retain control of both process and outcome
2
Q
how can the process happen?
A
fluid process, only parties/lawyers or may be facilitated by a 3rd party, confidential
3
Q
basis of 3rd party involvement?
A
matter of contract between parties and 3rd party
4
Q
how does settlement happen?
A
separate contractual agreement between parties
5
Q
when is this most appropriate?
A
parties want to retain control over outcome and process
6
Q
7 forms of non-adjudicative options?
A
offer + acceptance, negotiation, mediation, early neutral/expert evaluation, mini trial, conciliation, complaint/grievance procedure
