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LSDefine

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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11ama
20:08
Indeed.
damn how are you guys calculating all these numbers lmao
i'm guessing maybe around 30ish more As then?
if we're being generous
11ama
20:27
@HeadyInvincibleRabbit: Mostly using https://www.lsd.law/download and the 509 repots
11ama
20:28
reeeeeeports*
fml i'm a november applicant that still hasn't heard back
do we know if there are date changes for Rs too? for umich
how come i haven’t heard from some schools w high acceptance rates? what are they up to? like nebraska hasn’t been releasing decisions
is washu done sending out decisions? they just completely ghosted me
11ama
20:33
@SuperficialBlueWeasel: The reality is you are likely behind a gaggle of Sept-Oct. applicants. THe schools are backed up with apps. Some are fast, others are really slow. Also some schools may have had adcoms retire/ shortage of cannonfadder app readers. Try to chill out/research the schools you have applied to so when you get an answer you can move quick and lock up a deal/
thanks @11ama
11ama
20:34
In the event you have not received an admissions decision yet, have you tried turning your computer on and off, have you tried checking your span, and have you ensured your email inbox is not full?
OlDirtyBtard
20:34
I used to come on here and troll people and now I got my first R's and I no longer have a sense of humor
11ama
20:36
I was interested in applying to 'Bama law. Called them up, asked if they had any distant cousins attending their institution based on family name/ Ancestry.con DNA. They did not. I replied I was regrettably no longer interested in their institution.
Are you sure you ever did
OlDirtyBtard
20:36
all i'm saying is, i would debase myself to dean cooper for a cornell A
11ama
20:37
@OlDirtyBtard: Being an asshole is not sufficient for being funny, Unc.
11ama
20:37
Trust me, I tried it many a times b4/
20:39
I wonder if schools are punishing R&R's with no increases to GPA or LSAT.
20:40
Or no new work experience.
20:40
Last cycle people who are too burnt to go get something impressive to add to their resume and application.
11ama
21:00
@JuicyApple: Oh no doubt. Wouldn't you be perturbed if you rejected someone and they came back next year with a 'hey boo, its me again' ?
fedclerkhopeful
21:02
Yeah that’s def a real fear. I think too it puts people who have high stats but are going to reapply in a weird place because you can’t even improve the most important parts of your app
11ama
21:03
I'm sure it falls in the same category as retaking the LSAT: one more thing to be held against you.
21:05
Alrighty then. Sounds bad.
OlDirtyBtard
21:06
nah tbh just reapp to make them say no
OlDirtyBtard
21:06
advance out of spite alone
11ama
21:17
Pretty crazy sheer number of applicants, IMO. I hope people find fulfilling work, yet I fear the future will not reveal said state of affairs since movies/culture makes law seem much more bad ass than it is.
11ama
21:18
Law = paper pusher maxxing, prove me wrong;
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