Alternative Dispute Resolution (ADR) Lecture Notes

Comprehensive vocabulary flashcards covering conflict, negotiation styles, principled negotiation elements, arbitration, and mediation based on the Chapter 5 lecture notes.

Conflict

Whenever there are two or more points of view; it is ubiquitous and can be productive or stimulate significant thoughts and discoveries.

Dispute

Arises when one party makes a claim that another party denies; essentially conflict plus a rejected claim.

Negotiation

The process used to persuade or coerce someone to do what you want them to do.

Avoiding

A style of negotiation characterized by low cooperation where a party ignores a request or pretends not to have received it.

Accommodating

A negotiation style that occurs when a request is granted to satisfy the other party.

Competing

A negotiation style where one party insists on their way without regard for the other, such as telling a coworker to get used to messages arriving early.

Collaborating

A high-cooperation negotiation style where parties discuss why a pattern exists to find a regular time to touch base that suits both.

Compromising

A common negotiation response where parties move toward the middle of a gap, such as agreeing to limit the number of messages sent before $8\text{ AM}$.

Positional Negotiation

A negotiation method where parties start with high or low opening prices and focus on changing their respective positions to move toward the middle of the gap.

Principled Negotiation

An interest-based approach described in the book Getting to Yes that focuses on seven elements: communication, relationship, interests, options, legitimacy, alternatives, and commitment.

Communication (Principled Negotiation)

An element involving a balance of talking and listening to exchange information and assist in joint problem solving rather than blaming.

Relationship (Principled Negotiation)

An element focusing on whether parties can solve a current problem while maintaining or enhancing future business opportunities together.

Interests (Principled Negotiation)

The underlying needs or goals that, when communicated, may reveal that a continuing relationship is in the mutual best interest of both parties.

Options (Principled Negotiation)

The stage where parties brainstorm possible solutions with the understanding that mentioned options are not necessarily proposals for compromise.

Legitimacy (Principled Negotiation)

The application of accepted standards to the negotiated topic rather than stating unsupported propositions.

Alternatives (Principled Negotiation)

Outcomes that parties can pursue away from the bargaining table; the goal is to reach an agreement better than these alternatives.

Commitment (Principled Negotiation)

The successful conclusion of a negotiation where parties make realistic promises that can be put into practice.

Alternative Dispute Resolution (ADR)

A range of formal and informal systems, such as arbitration and mediation, used to resolve disputes outside of traditional litigation.

Settlement

An agreement reached between parties prior to the completion of litigation; it is estimated that $95\text{ percent}$ or more of lawsuits settle before a verdict.

Focus Groups

A group of citizens assembled by attorneys to hear a dress rehearsal of the evidence, providing a reality test on how a jury might react.

Arbitration

A formal ADR system where a third party (the arbitrator) decides the merits of the dispute, effectively taking the place of the judge and jury.

Arbitrator

A neutral third party authorized to make a decision that binds the disputing parties; they are often experts in the specific field related to the dispute.

Submission

The act of referring a matter to arbitration; it can occur through a contract clause or an agreement after a dispute arises.

Voluntary Arbitration

Arbitration that occurs based on the parties' agreement, either before (predispute) or after (postdispute) a conflict arises.

Mandatory Arbitration

Arbitration required by state statute for certain types of disputes, such as claims exclusively for money less than $\text{\textdollar}15,000$.

Award

The final decision handed down by an arbitrator, which is enforced by courts as if it were a judgment.

Federal Arbitration Act (FAA)

A 1925 congressional enactment that encourages the use of arbitration and requires courts to rigorously enforce arbitration agreements.

De Novo Judicial Review

A court proceeding where the judge tries the issues anew as if the previous mandatory arbitration had not occurred.

Mediation

A process where a neutral third person attempts to assist disputing parties in resolving differences without the power to impose a binding solution.

Mediator

An unbiased third party who facilitates negotiation between disputants but cannot dictate the outcome.

Caucus

A private meeting during mediation where the mediator meets with one party without the other party present.

Med-Arb

An ADR variation where parties first attempt mediation and, if unsuccessful, move into binding arbitration.