Alternative Dispute Resolution (ADR) Review

Vocabulary terms and definitions covering the various methods and legal frameworks of Alternative Dispute Resolution as discussed in the lecture notes.

Negotiation

The most informal alternative where parties come together with or without attorneys to discuss a mutually amicable settlement or resolution without a formal third party.

Assisted Negotiation

A form of negotiation where the parties hire a neutral third party to facilitate the process or evaluate respective positions.

Mediation

A form of assisted negotiation where a neutral third party acts as a facilitator to help parties reach a mutually beneficial settlement, though the mediator does not weigh in on an official decision.

Arbitration

The most formal form of ADR where parties present arguments and evidence to an arbitrator at a hearing, resulting in a final decision.

Award

The final decision rendered by an arbitrator after a hearing.

Binding Arbitration

Arbitration where the decision is legally binding upon the parties and the matter cannot be re-litigated in court.

Non-binding Arbitration

Arbitration where the decision is not legally binding, meaning parties may move their dispute to civil court.

Federal Arbitration Act

A federal law that upholds agreements to arbitrate, covers interstate commerce arbitration clauses, and allows arbitrator decisions to be confirmed in federal district court.

Uniform Arbitration Act

A statute adopted by most states with the goal of giving full effect to voluntary agreements to arbitrate disputes.

Compulsory arbitration agreements

Explicit and voluntary agreements to arbitrate often required when being hired for jobs or visiting doctor's offices.

Arbitration Process

The multi-stage procedure consisting of Submission, Hearing, Award, and Confirmation & Order to Comply.

Appealing Arbitration

A process where the court's role is limited to determining if a valid award exists, without looking at the merits, evidence sufficiency, or arbitrator's reasoning.

Setting Aside Arbitration

The act of nullifying an award due to defects such as corruption, fraud, bias, refusal to hear material evidence, or the arbitrator exceeding their power.