Term
|
Definition
| Exists whenever there are two or more points of view. |
|
|
Term
|
Definition
| Arises when one party makes a claim that another party denies. |
|
|
Term
|
Definition
| The process used to persuade or coerce someone to do what you want them to do. |
|
|
Term
|
Definition
| Both parties in negotiations take a stand or position and meet in the middle via negotiation. |
|
|
Term
| Predispute Arbitration Clause |
|
Definition
| When contracts are written prior to any dispute that say that if disputes should arise both parties agree to arbitrate. |
|
|
Term
| Postdispute Arbitration Agreement |
|
Definition
| When parties already in disagreement decide that arbitration is better than litigation. |
|
|
Term
| Principled, Interest Based Bargaining |
|
Definition
| A better approach to negotiating that involves the use of seven elements negotiators should focus on. Those elements are communication, relationship, interests, opinions, legitimacy, alternatives, commitment. |
|
|
Term
|
Definition
| A dress rehearsal of the trial where an attorney argues his case in front of a group of citizens in order to hear their potential reactions. |
|
|
Term
|
Definition
| When a third party is brought in to determine the merits of the dispute. |
|
|
Term
|
Definition
| The decision maker, who should be disinterested in any financial impact of the decision and neutral regarding the issues presented in the dispute. |
|
|
Term
|
Definition
| The act of referring a matter to arbitration. |
|
|
Term
|
Definition
| When both parties agree to resolve their decision via arbitration. |
|
|
Term
|
Definition
| When a statute or court requires both parties to arbitrate. |
|
|
Term
|
Definition
| The decision made by the arbitrator. |
|
|
Term
|
Definition
| When the court tries the issue anew as if no arbitration occurred. |
|
|
Term
|
Definition
| The process by which a third person attempts to assist disputing parties in resolving their differences. |
|
|
Term
|
Definition
| The person who acts as the third, neutral party during mediation. |
|
|
Term
|
Definition
| When the parties and their attorneys meet with the mediator outside the presence of the other disputant. |
|
|
Term
|
Definition
| When the parties resolve as much as they can during mediation and agree to resolve the rest of their differences through arbitration. |
|
|
