Chapter 4: Alternative Dispute Resolution Flashcards

Vocabulary flashcards defining primary and secondary ADR methods, key legal cases, and contractual arbitration terms.

Alternative Dispute Resolution (ADR)

The resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, mini-trials, neutral case evaluations, and private trials.

Negotiation

A bargaining process in which the disputing parties interact informally, either with or without lawyers, to attempt to resolve their dispute without a neutral third party.

Adversarial negotiation

A type of negotiation in which each party seeks to maximize its own gain.

Problem-solving negotiation

A type of negotiation in which the parties seek joint gain.

Mediation

An ADR method where the parties select a neutral party to facilitate negotiations to solve their dispute.

Mediator

A neutral third party voluntarily accepted by disputing parties to facilitate negotiations and help them reach an agreement.

Arbitration

The resolution of a dispute by a neutral third party outside the judicial setting, resulting in a final, binding decision that cannot be appealed.

Binding arbitration clause

A provision in a contract mandating that all disputes arising under the contract must be settled by arbitration.

Submission agreement

A contract providing that a specific dispute will be resolved through arbitration, used when a contract does not contain a binding arbitration clause.

Clickwrap agreement

A web-based contract where the user has to click an "I agree" box after being presented with the terms and conditions.

Scrollwrap agreement

A web-based contract requiring the user to scroll down through the terms before clicking the "I agree" box.

Browserwrap agreement

A web-based agreement that posts terms of service on a webpage accessed via a hyperlink at the bottom of the screen without requiring explicit user assent.

Coinbase, Inc. v. Bielski

A landmark 2023 US Supreme Court case mandating an automatic stay of court proceedings whenever a denial of a motion to compel arbitration is pending on appeal.

Mediation-arbitration (med-arb)

A dispute resolution process in which the parties agree to start in mediation, and if mediation is successful on one or more points, move on to arbitration.

Summary jury trial

An abbreviated trial that leads to a nonbinding jury verdict.

Mini-trial

An ADR method involving a neutral third party, generally used by disputing businesses, that resembles arbitration and mediation.

Early neutral evaluation

An ADR process where parties select a neutral third party, explain their respective positions, and receive an evaluation of the case's strengths and weaknesses to help reach a settlement.

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 dispute.

Conciliation

A unique French ADR technique involving informal negotiations led by a free, court-appointed conciliator who uses expertise to guide parties to an optimal solution.

OJSC Ukrnafta v. Carpatsky Petroleum Corp.

A 2020 Fifth Circuit Court of Appeals case affirming the strong United States policy favoring international arbitration over foreign court annulments.