Term
| Brief Description - Negotiation |
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Definition
| Parties meet with or without counsel and attempt to strike a compromise. |
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Term
| Brief Description - Mediation |
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Definition
| Parties meet [with or without counsel] with a neutral 3rd Party who attempts to facilitate and encourage a compromise. |
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Term
| Brief Description - Arbitration |
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Definition
| Parties, usually with counsel, present case in front of arbitrators who decide the case. |
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Term
| Brief Description - Litigation |
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Definition
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Term
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Definition
Adversarial
Problem-Solving |
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Term
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Definition
General
Evaluative
Facilitative
Transformative
Med-Arb/Arb-Med
Court Ordered |
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Term
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Definition
General
Baseball/Final Offer
Night Baseball
High-Low
Med-Arb/Arb-Med
Advisory
Mini-Trial
Early Neutral Evaluation
Ombudsmen
Court Ordered |
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
Costly
(Arbitrator, Counsel, and possible Discovery Costs) |
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Term
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Definition
Usually Most Expensive
(Court, Counsel, Discovery, and Appeal Costs) |
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Term
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Definition
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Yes, but process usually contractually agreed to. |
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Term
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Definition
| Yes, but process usually contractually agreed to. |
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Term
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Definition
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Term
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Definition
| Parties have all Control. |
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Term
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Definition
| Parties give up some process control according to agreement, but retain decision-making control. |
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Term
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Definition
| Parties give up process and decision-making control according to agreement. |
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Term
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Definition
| Parties give up process and decision-making control according to the law. |
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Term
| Confidentiality - Negotiation |
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Definition
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Term
| Confidentiality - Mediation |
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Definition
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Term
| Confidentiality - Arbitration |
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Definition
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Term
| Confidentiality - Litigation |
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Definition
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Term
| Binding Decision - Negotiation |
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Definition
| No, unless signed Agreement. |
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Term
| Binding Decision - Mediation |
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Definition
| No, unless Mediation Agreement is signed. |
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Term
| Binding Decision - Arbitration |
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Definition
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Term
| Binding Decision - Litigation |
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Definition
| Yes, but Right of Appeal. |
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Term
| Decision Maker - Negotiation |
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Definition
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Term
| Decision Maker - Mediation |
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Definition
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Term
| Decision Maker - Arbitration |
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Definition
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Term
| Decision Maker - Litigation |
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Definition
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Term
| Process Flexibility - Negotiation |
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Definition
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Term
| Process Flexibility - Mediation |
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Definition
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Term
| Process Flexibility - Arbitration |
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Definition
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Term
| Process Flexibility - Litigation |
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Definition
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Term
| Relationship Effects - Negotiation |
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Definition
| Somewhat adversarial process, but usually not too harmful. |
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Term
| Relationship Effects - Mediation |
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Definition
| Least harmful, because mediator diffuses situation. |
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Term
| Relationship Effects - Arbitration |
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Definition
| Very adversarial and harmful. |
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Term
| Relationship Effects - Litigation |
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Definition
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Term
| Evidentiary Rules - Negotiation |
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Definition
| None. Parties present what they want when they want. |
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Term
| Evidentiary Rules - Mediation |
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Definition
| None. Parties usually more open with mediator. |
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Term
| Evidentiary Rules - Arbitration |
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Definition
| Usually limited rules, agreed upon in contract. |
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Term
| Evidentiary Rules - Litigation |
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Definition
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Term
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Definition
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Term
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Definition
| Mediator usually chooses. |
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Term
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Definition
| Usually ‘mutual convenient place’ but best to define. |
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Term
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Definition
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