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Simple English definitions for legal terms

alternative dispute resolution

Read a random definition: Association of American Law Schools

A quick definition of alternative dispute resolution:

Alternative dispute resolution (ADR) is a way to solve problems without going to court. ADR includes different methods like mediation, arbitration, negotiation, and conciliation. These methods help people find solutions to their problems without going through the traditional legal process. ADR is faster, more private, and more flexible than going to court. Parties can choose which method they want to use, and sometimes they use more than one. ADR decisions are usually final and binding, which means they cannot be changed.

A more thorough explanation:

Alternative dispute resolution (“ADR”) refers to any method of resolving disputes without litigation. ADR includes processes and techniques of conflict resolution that occur outside of any governmental authority. The most famous ADR methods are mediation, arbitration, conciliation, negotiation, and transaction. All ADR methods have common characteristics – i.e., enabling the parties to find admissible solutions to their conflicts outside of traditional legal/court proceedings, but are governed by different rules.

  • Negotiation: Two parties meet to settle a dispute. This is the preeminent mode of dispute resolution.
  • Mediation: A mediator brings opposing parties together and attempts to work out a settlement or agreement that both parties accept or reject. Mediation is not binding.
  • Arbitration: Parties agree to submit their dispute to an arbitrator or panel of arbitrators who render a binding decision. Arbitration is more formal than mediation and has a lot of similarities with traditional court proceedings.

For instance, in negotiation, there is no third party who intervenes to help the parties reach an agreement, unlike in mediation and conciliation, where the purpose of the third party is to promote an amicable agreement between the parties. In arbitration, the third party (an arbitrator or several arbitrators) will play an important role as it will render an arbitration award that will be binding on the parties. In comparison, in conciliation and mediation, the third party does not impose any binding decision.

If all the ADR methods are different, they should not be compared and confronted because in practice, the parties combine the use of these different ADRs. For instance, the parties may stipulate in their contracts that in the event of a dispute they will first submit to an attempt at amicable settlement (conciliation/mediation) and only in the event of failure will they resort to a judicial method of settlement, which may be arbitration or recourse to the State justice system. ADRs therefore come into play at different levels and have a complementary character.

The main advantages of ADR are rapidity, confidentiality, and flexibility. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them.

alternative contingent remainder | Alternative dispute resolution - State statutes

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Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
lilypadfrog
8:41
i’m boutta release
sounding like that one guy in here who kept saying he was cumming
Dkk
8:43
Was that me cus I just released.
lilypadfrog
8:44
Wahoowa
Dkk
8:45
AI Overview +1 "Wahoowa" is a cheer and greeting used by fans of the University of Virginia (UVA).
Dkk
8:45
Learned something new today. I can sleep knowing I learned something today.
lilypadfrog
8:48
https://en.m.wikipedia.org/wiki/Dalgona I just learned about these things. Apparently they’re featured in Squid Game, but I think Squid Game is just a ripoff of the original Mr Beast Games
I learned today the term fight fire with fire comes from the early day of fire fighting when departments would just bulldoze buildings and then burn them in an attempt to stop a fire from spreading. So to stop fire from burning shit they would burn down other buildings in a more violent and destructive way thus lowering the fires moral so much it refuses to spread and work.
GreyCeaselessMammoth
8:51
that's like basically how wildland firefighting still works
I did wildland and most of the time it was controlled burns but it is pretty funny to imagine doing that in a city/neighborhood.
Dkk
8:52
The Santa Ana winds kinda helped with that because it pushed the fire back to where it had already burned despite the news media saying everything was going to get worse like the idiots they are.
Cant imagine being the guy to be like "hey so to keep your neighbors house from burning down we are going to bulldoze yours and then catch it on fire"
lilypadfrog
8:55
buddy you can either stay in or get out but we’re bulldozing this
lilypadfrog
8:55
someone brought cake to the work breakroom today
lilypadfrog
8:56
they will tell you 9 AM is too early to eat cake but they are wrong
GreyCeaselessMammoth
8:56
guys it's my bday!
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