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LSDefine

Simple English definitions for legal terms

dispute resolution

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A quick definition of dispute resolution:

Dispute resolution is a way to solve problems between people without going to court. It can be used for any kind of problem, like with family, work, or money. There are three main types of dispute resolution: negotiation, mediation, and arbitration. Negotiation is when people talk and try to agree on a solution. Mediation is when a neutral person helps people talk and find a solution. Arbitration is when a person or group makes a decision that both sides have to follow. Dispute resolution is usually faster and cheaper than going to court, and people have more control over the outcome.

A more thorough explanation:

Dispute Resolution refers to the various processes used to resolve a dispute between parties. It is an alternative to litigation and can be used to resolve any type of dispute including family, neighborhood, employment, business, housing, personal injury, securities, consumer, and environmental disputes.

Parties can choose to resolve their dispute via Dispute Resolution, or it might be prescribed by the court in early stages of litigation to give parties a chance to resolve their dispute before going to trial.

There are many types of dispute resolution processes, but the three most common types of alternative dispute resolution are:

  • Negotiation: The least formal type of ADR. The goal of negotiation is to help parties to come to a consensus on their own, parties can involve a neutral third party into their negotiation to help facilitate an agreement.
  • Mediation: The process where a neutral third party (usually a professional mediator) helps disputants to resolve their dispute. Mediation is usually more formal than negotiation but less formal than arbitration.
  • Arbitration: One of the most formal types of ADR, even though it is less formal than a traditional trial, arbitration is usually performed by professional arbitrators (one or a panel) acting as ‘judges’ and parties have to follow the rules predetermined in their arbitration agreement.

Dispute resolution has several advantages:

  • It is usually cheaper and faster than litigation.
  • ADR is less formal and has more flexible rules than litigation.
  • In certain cases, parties have greater participation in reaching a solution, as well as more control over the outcome of the dispute.
  • Some types of ADR (like mediation and negotiation) preserve an opportunity for the parties to proceed with litigation if they are not able to resolve their dispute via dispute resolution.

For example, if two neighbors are having a dispute over a property line, they can choose to resolve their dispute through negotiation or mediation. They can involve a neutral third party to help them come to an agreement. If they are not able to resolve their dispute through negotiation or mediation, they can proceed with litigation.

Another example is if an employee is having a dispute with their employer over wages. They can choose to resolve their dispute through arbitration. They can agree to follow the rules predetermined in their arbitration agreement and have a professional arbitrator act as a judge. The outcome of the arbitration is usually binding.

dispute | disregarding the corporate entity

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16:38
@Law-Shark: they didn't say we had to go? and if they are willing to buy rooms for a bunch of people. they sent me a res because I was over 50 miles away but I didn't even ask for one
16:42
@Law-Shark: also kind of rude for you to be speaking to me like that, the event started at 9am and I had to wakeup at 4 to drive in. i was tired and couldn't even check in until 4pm if I wanted to so I just drove back. it's unprofessional to offer it the night before and not the day after. they also didn't feed us actual food and we were there until 2pm.
Law-Shark
16:43
The fact you didn't think a reservation in your name is something you need to be responsible for and cancel if you weren't going to show up to by sending a simple email is absolutely iresponsible.
16:43
I didn't make a reservation tho?
16:44
Yeah, I would have definitely gone to the hotel if I knew they booked a room for me. At the very least, it would be proper to show up personally and explain your extraneous circumstances
Law-Shark
16:44
Nah but it's in your name. I went to an ASD. I asked the school for an extra night and they gave it to me. You just need to plan things better.
Law-Shark
16:45
This is like peak disconenct between the male and female brain.
16:45
i think that's where i was confused then
Law-Shark
16:45
disconnect*
Law-Shark
16:45
You live and you learn
16:45
because i did let one of the staff know i'd be leaving early and thought that would be enough
16:46
but i was confused why i got an e-mail with a room cuz I didn't ask for it at all
Law-Shark
16:46
Well, you know now what to do.
16:47
well on their end they prob shouldn't just be buying hotel rooms for ppl who don't request it and then getting mad I didn't go
16:48
goof
16:48
Did you get any materials for admitted students day explaining that they would be booking hotel rooms?
16:49
there was an opt in on the form but I didn't select yes
16:49
Hmm, that's weird
16:50
i think it's unprofessional of them to call you like what if you had an emergency and had to leave? why is it their business why you didn't stay? not like they're lacking money and $100.00 hotel room is gona make them bankrupt
16:50
i figured it was an error and I was on the road so I didn't read into it. plus it would make more sense for it to be the night before cuz it started at 9am? so I was like uhhh and paid it no mind
16:51
@bigfatsloth: that's what i'm saying, they were gonna pay no matter what
16:54
"This is like peak disconenct between the male and female brain." like bffr
16:55
It was probably an administrative error then. I can't imagine why they would book hotel rooms for people that didn't select yes. I would maybe follow up with them and apologize for the misunderstanding to avoid any awkwardness
Denny
16:56
who watch that arsenal game
16:56
I'm a Chelsea fan unfortunately
damn why are yall fighting i the lsd.law gc
Denny
17:14
@ET025: but ur not watching champions league?
Denny
17:15
declan rice did a madness
17:20
@Denny: Not today. Doing more LSAT studying this afternoon, but I saw that. I think Chelsea missed out on him. (this is probably more suited for OT)
Does anyone have experience getting their aid package reconsidered at WashU? How long does it take to hear back after sending the form?
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