Alternative Dispute Resolution: Negotiation, Arbitration, Mediation, and More, Quizzes of International Law

Download Alternative Dispute Resolution: Negotiation, Arbitration, Mediation, and More and more Quizzes International Law in PDF only on Docsity! TERM 1 Negotiation and Settlement DEFINITION 1 Negotiation and settlement is used between parties, either with or without their lawyers, to resolve their conflict. This is the simplest method, and only the parties or their representatives or both are involved. TERM 2 Arbitration DEFINITION 2 -Arbitration is the resolution of a dispute by a neutral third party outside the court setting. - The arbitration is similar to the trial but does not involve a prehearing discovery process, and the rules of evidence applicable in a traditional trial are generally relaxed. - Both parties represent themselves without lawyers. - The decision is legally binding. TERM 3 Mediation DEFINITION 3 Mediation is a process in which a third party called the mediator is selected by the parties and assists them to resolve their disputes. The mediator does not have the power to render a binding decision. TERM 4 Mini-Trials DEFINITION 4 - A mini-trial is an informal and abbreviated private trial between the disputants. - This method of alternative dispute resolution is employed when both disputants are corporations.- the attorneys of the corporations conduct limited discovery and then they present the evidence to a panel composed of senior management from each side, and sometimes a neutral advisor such as an attorney or a retired judge preside over the mini-trial. TERM 5 Private Trials DEFINITION 5 - Many states have statutes permitting private trials in which cases are tried by a referee selected and paid by the disputants. - The referees have the power to issue legally binding judgments.