Dispute Resolution Flashcards

What is the primary purpose of Alternative Dispute Resolution (ADR)?

Answer: To avoid legal proceedings and resolve disputes outside the court system

The primary purpose of Alternative Dispute Resolution (ADR) is to provide methods for resolving disputes outside of traditional court litigation. ADR processes like mediation and arbitration aim to be more efficient, less adversarial, and often less costly than going to court. By avoiding legal proceedings, parties can often maintain more control over the outcome and preserve relationships.

What is 'mediation' in the context of dispute resolution?

Answer: A process where a neutral third party helps parties reach a voluntary agreement

Mediation is a process within Alternative Dispute Resolution where a neutral and impartial third party, the mediator, assists disputing parties in reaching a voluntary agreement. The mediator facilitates communication, helps identify issues, and explores potential solutions, but does not impose a decision. The goal is for the parties themselves to collaboratively find a mutually acceptable resolution.

What does 'arbitration' entail in dispute resolution?

Answer: A binding decision made by a neutral third party after hearing arguments and evidence

Arbitration entails a formal process within Alternative Dispute Resolution where disputing parties present their arguments and evidence to a neutral third party, the arbitrator. Unlike mediation, the arbitrator acts like a judge, making a final and legally binding decision (an award) after considering all information. This method offers a quicker and often more private resolution than court litigation, with the outcome being enforceable.

What is a 'settlement agreement'?

Answer: A voluntary agreement between parties to resolve a dispute and avoid further legal action

A settlement agreement is a legally binding contract voluntarily entered into by parties involved in a dispute to resolve their differences outside of court. This agreement typically outlines the terms of resolution, such as monetary payments, specific actions, or cessation of certain activities, in exchange for dropping legal claims. Its purpose is to provide a definitive end to the dispute, avoiding further litigation and its associated costs and uncertainties.

In litigation, what is 'discovery'?

Answer: The pre-trial phase where parties exchange information and evidence relevant to the case

Discovery is a crucial pre-trial process in litigation where opposing parties exchange information and evidence relevant to the case. This phase allows both sides to understand the strengths and weaknesses of each other's arguments, preventing surprises at trial. It involves various tools like interrogatories, requests for production of documents, and depositions, often encouraging settlement before trial.