Lesson 14 Paralegal

Alternative dispute resolution (ADR)

A process for resolving legal disputes outside the court system

American Arbitration Association (AAA)

A national organization that administers arbitration and mediation proceedings under established rules

Anchoring

A negotiation tactic where one side makes the first offer to set expectations

Arbitration

A private dispute-resolution process where a neutral party makes a final decision

Arbitration brief

A written submission presenting facts, legal arguments, and requested relief to the arbitrator

Arbitration clause

A contract provision requiring disputes to be resolved by arbitration instead of court

Arbitrator

A neutral person who hears evidence and makes a decision in arbitration

Best alternative to a negotiated agreement (BATNA)

Your backup plan if negotiation fails

Binding decision

A resolution that is final and enforceable by law

Bracketing

A negotiation technique using proposed settlement ranges to narrow disagreement

Caucus

A private meeting between the mediator and one party during mediation

Compensatory and punitive damages

Monetary awards to compensate losses and in some cases punish wrongful conduct

Contract modification

A legally enforceable change to existing contract terms agreed upon by the parties

Discovery gap

Missing or incomplete information that may affect a case’s outcome

Evidence partiality

Clear bias by an arbitrator that may justify setting aside an arbitration award

Exhibits

Documents or items used to support legal arguments or claims

Facilitated negotiation

A negotiation process guided by a neutral third party who manages the discussion

Federal arbitration act (FAA)

A federal law that supports the use and enforcement of arbitration agreements

Framing

Presenting information in a way that supports your perspective in negotiation or mediation

Incremental concessions

Gradual compromises made to move negotiations toward resolution

Interest

An underlying need or concern motivating a party’s position

Interest-based bargaining

A strategy that focuses on needs and goals rather than demands

Judicial Arbitration and Mediation Services (JAMS)

A private organization offering mediation and arbitration

Legal theory

The legal reasoning explaining why a party is entitled to relief

Mediation

A process where a neutral third party helps resolve a dispute without making a decision

Mediation summary

A concise document outlining facts, issues, and settlement positions for mediation

Mediator

A neutral facilitator who helps parties communicate and reach an agreement

Mitigation strategies

Steps taken to reduce damages after an injury or breach

Motion to compel arbitration

A court request requiring parties to resolve a dispute through arbitration

Negotiation

A process in which parties communicate to resolve disputes without litigation

Nonbinding decision

A resolution that parties may accept or reject without legal consequences

Power imbalance

A situation where one party has significantly more leverage than the other

Pre-mediation checklist

A preparation tool listing key documents, issues and objectives

Preemption

When federal law overrides or replaces conflicting state law

Proposed resolution

The outcome a party wants in mediation or settlement, usually involving money or terms

Protective orders

Court orders limiting the disclosure or use of sensitive information

Revised uniform arbitration act

A model law updating arbitration procedures adopted by many states

Settlement agreement

A written contract resolving a dispute and defining each party’s obligations

Settlement brochure

A written summary of a case used to persuade the opposing side to settle

Specific performance

A remedy requiring a party to carry out contractual duties

Stipulation of dismissal

A joint filing that formally ends a lawsuit

Take it or leave it basis

An offer presented without opportunity for negotiation

Unconscionable clause

A contract term that is extremely unfair and may not be enforceable

Undue means

Improper conduct, such as fraud or coercion, affecting an arbitration outcome

Uniform arbitration act

A model statute establishing foundational rules for arbitration enforcement

Vacate an arbitration award

To have a court set aside an arbitrator’s decision due to legal defects