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