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Related Flashcards
Related Topics
Cards In This Set
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Third party decides merits of dispute...MOST COMMONLY USED
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Arbitration
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Act of referring matter to arbitration, either voluntary or mandatory
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Submissions
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Person or group of people making decision, can be chosen by disputing parties, contract of statutes can govern how selected
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Arbitrators
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Decision of arbitrator, parties are generally bounded by it for they frame the issues to be resolved and define scope of arbitrator's powers, can be filed with clerk and enforced like a judgement
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Awards
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Required by statute for certain disputes, states are adopting this, speeds up process, case must be <$15,000 and specific subject matter
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Mandated arbitration
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Process of mandatory aribtration procedures
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Submit claim, discovery, arbitrator determines admissability of evidence, law/facts of case and opinions, hearing
lasts 8 months....must shorter than litigation |
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Parties agree to method by either pre-dispute arbitration clause or post-dispute arbitration clause
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Voluntary/contract based arbitration
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In ______________________ arbitration, the award is final, the finding of the fact/law is conclusive and it is limited to review by the court
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Voluntary/contract based arbitration
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In ______________________ arbitration, judicial review is in accord with procedural/due process of law and is subject to constitutional changes
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Statutorily/mandated
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Process by which 3rd party attempts to assist disputing parties resolve differences- cannot impose binding solution
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Mediation
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Confidential meeting discussing options in mediation
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Caucus
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