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Simple English definitions for legal terms

alternative dispute resolution

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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
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SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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