Solving Disputes Flashcards

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1
Q

What is the process of resolving a dispute outside of court through the help of a neutral third party called?

A

A neutral person called an “arbitrator” hears arguments and evidence from each side and then decides the outcome.

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2
Q

In mediation, the mediator’s role is to…

A

Mediators assist and guide parties toward their own resolution. A mediator does not decide the outcome. Instead, a mediator helps the parties understand and focus on the important issues needed to reach a resolution.

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3
Q

Arbitration differs from mediation in that…

A

The main distinction between the two is who makes the final decision; with mediation, the final decision is a reached agreement between the two conflicting parties, while arbitration calls on an arbitrator to analyze the case details and reach a verdict.

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4
Q

The process of negotiation involves…

A

Negotiations involve two or more parties who come together to reach some end goal that is agreeable to all those involved. One party will put its position forward, while the other will either accept the conditions presented or counter with its own position.

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