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Definition
| Submission of a dispute to an extrajudicial authority for a decision. |
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| The individual or panel members authorized by disputing parties to resolve a dispute through the arbitration process. |
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Definition
| The decision announced by an arbitrator. |
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Definition
| The name used for a private meeting between a mediator and one of the parties involved in a mediation. |
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Definition
| The common occurrence in life when two or more points of view exist. |
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Definition
| A proceeding wherein the judge or hearing officer hears the case as if it had not been heard before. |
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Definition
| The circumstances when a party in conflict claims the right to do or have something and the other party denies, rejects, or ignores the claim. |
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| A group acting as a mock jury; attorneys present cases to such a group to get the members' feedback on the merits of the various arguments presented. |
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| A form of resolving a dispute, as an alternative to litigation, that is required by a statute. |
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| An abbreviation for an alternative dispute resolution system that involves parties going through mediation and agreeing to resolve as many issues as possible. These parties agree that any matters not resolved in the mediation process will then be arbitrated. |
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Definition
| An alternative to litigation whereby a third party attempts to assist the disputing parties in reaching a settlement. The third-party mediator lacks authority to impose on the parties a binding solution to the dispute. |
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Definition
| An individual who assists disputing parties in their efforts to resolve their differences. |
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| The process used to persuade or coerce someone to do or to stop doing something. |
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Definition
| A method of negotiation that focuses on the parties exchanging offers, with concessions being made so that parties find a middle ground. The seller refers to the last offer made as its bottom line, and the buyer refers to the last offer made as its top dollar. |
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Term
| Postdispute Arbitration Agreement |
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Definition
| Can be applicable to arbitration, mediation, or other methods of ADR; such a clause is signed by parties that are already in dispute. |
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Term
| Predispute Arbitration Clause |
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Definition
| Applicable to ADR systems agreed to by contracting parties prior to a dispute arising; usually this clause is a part of the original contract between the parties. |
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Term
| Principled, Interest-Based Negotiations |
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Definition
| A method of negotiations that focuses on the parties' interests as opposed to positions. |
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Definition
| The act or process of referring an issue to arbitration. |
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Term
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Definition
| A method of resolving a dispute, as an alternative to litigation, that the parties agree to utilize. |
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