Chapter 4-Alternative Dispute Resolutior
Alternative dispute resolution/ADR: the resolution of legal problems through methods other than litigation Negotiation: a bargaining process in which disputing parties interact informally to attempt to resolve their dispute; the transfer of the rights to a negotiable instrument from one party to another Adversarial negotiation: negotiation in which each party seeks to maximize its own gain Problem-solving negotiation: negotiation in which the parties seek to achieve joint gain Mediation: a type of intensive negotiation in which disputing parties select neutral party to help facilitate communication and suggest ways for the parties to solve their dispute Arbitration: a type of alternative dispute resolution wherein disputes are submitted for resolution to private nonofficial persons selected in a manner provided by law or the agreement of the parties
Binding arbitration clause: a contract provision mandating that all disputes arising under the contract must be settled by arbitration Submission agreement: a contract which provides that a specific dispute will be resolved in arbitration Med-arb:a type of dispute resolution process in which both parties agree to start out in mediation and, if unsuccessful to move on to arbitration Summary jury trial: an abbreviated trial that leads to a nonbinding jury verdict Minitrial: a type of conflict resolution in which lawyers for each side present their arguments to a neutral adviser, who then offers an opinion on what the verdict will be if the case goes to trial. This decision is not binding. Private trial: an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dis