Terms Related to Alternative Dispute Resolution Flashcards

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1
Q

Alternative Dispute Process

A

The term “alternative dispute process” or “alternative dispute resolution,” refers to a method of settling legal disputes other than litigation. Common examples of alternative dispute processes include arbitration and mediation.

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2
Q

Arbitration

A

Arbitration is a form of alternative dispute resolution which requires that a neutral third party, called an arbitrator, render a decision after hearing both parties to a dispute present their respective sides of the dispute. Arbitration can be either voluntary or involuntary.

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3
Q

Mediation

A

Mediation is also a form of alternative dispute resolution, which requires that a neutral third party, called a mediator, assist both parties to a dispute agree to a mutually acceptable resolution. Mediation differs from arbitration in that the mediator has no power to render a decision; an arbitrator has the power to render a decision resolving the dispute.

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