| Glossary of Terms |
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Alternative Dispute Resolution (ADR) is the term used to describe all the other options available for settling a dispute that once had to be settled in court. Arbitration is a process where a third neutral party called an "arbitrator" listens to each side in the dispute present its case. The arbitrator, who is an attorney, issues a decision based on the evidence. Although evidence is presented, arbitration is a less formal process than litigation. The decision is non-binding unless the parties agree in writing to binding arbitration. Hearing Length: Minimum: 30 minutes / Maximum: 60 hours* Mediation is an ADR process where a third neutral party called "mediator" helps participants in the dispute create their own resolution. The mediator helps facilitate the discussion in which the parties reach a mutually agreed upon settlement. Therefore, mediation allows for more creative resolutions to disputes than other ADR processes.
Facilitation A process by which a third-party neutral helps both parties reach a consensus on disputed issues. Negotiation A process by which the parties voluntarily seek a mutually acceptable agreement to resolve their dispute. In Negotiation, the disputants have the liberty to control the process and the solution to heir dispute.
Early Neutral Evaluation (ENE) A neutral third party called an "evaluator" will provide the parties and their counsel, on a voluntary basis and in a confidential session, the opportunity to make summary presentations of their claims and defenses, including keynote evidence. After hearing the presentations, the evaluator, who is an experienced lawyer with subject-matter expertise, offers a non-binding evaluation. The evaluator will also help clarify, narrow or eliminate issues, identify areas of agreement, offer case-planning suggestions, and, if requested by parties, settlement assistance. Although settlement is not the primary goal of ENE, the ENE process can reduce litigation time and costs and promote settlement. Hearing Length : Minimum: 30 minutes Settlement Conference A neutral third party called a "settlement officer", assists the parties in negotiating their own settlement and may evaluate the strengths and weaknesses of the case. Conciliation A process in which a third party meets with the disputants separately in an effort to establish a mutual understanding of the underlying causes of the dispute and thereby promote settlement in a friendly, unantagonistic manner.
Hearing Length: Minimum: 30 minutes / Maximum: 45 hours* Sole Party can mean the plaintiff(s) / petitioner(s) / complainant(s) or the defendant(s) / respondent(s) Note: * Unless more hours are requested at the inception of the process. |
Glossary of Terms 
