Legal CH5

Decision = Award

Arbitrator's decision after hearing and presentation of evidence

Positional Negotiation

Competitive style negotiation where parties state their expectations

Voluntary Arbitration

Dispute resolution method agreed upon by parties

Mandatory Arbitration

Dispute resolution method required by statute

Federal Arbitration Act

Federal statute protecting integrity of arbitration agreements

Principled Negotiation

Interest-based negotiation focusing on communication, relationship, interests, options, legitimacy, alternatives, and commitment

Focus Group

Mock jury used to get feedback on arguments presented

Binding Arbitration

Parties agree to accept arbitrator's decision as final

Non-Binding Arbitration

Parties may request trial if they do not accept arbitrator's decision

Reasons for Settlement

Personal and business reasons to avoid litigation

Alternative Dispute Resolution (ADR) Systems

Procedure where neutral party assists parties in reaching agreement and avoiding litigation

De novo Judicial review

Proceeding where case is heard as if it had not been heard before

Negotiation

Process of persuading or coercing someone to do what you want

Collective Bargaining

Process used by employer and union to resolve differences and agree on contract

Arbitration

Submission of dispute to extrajudicial authority for decision

Mediation

Third party attempts to assist disputing parties in reaching settlement

Combination of ADR Systems

Utilizing multiple alternative dispute resolution methods