A full range of problem-solving dispute resolution processes - between direct negotiation to litigation - wherein a neutral professional assists the parties in reaching an amicable solution, a binding agreement or other resolve to a dispute.
The granting of a pardon for past offenses including, for example, political offenses, human rights violations and war crimes.
A formal adversarial hearing before a neutral, called the arbitrator, with a relaxed evidentiary standard. The arbitrator is usually a subject matter expert.
Any written agreement between the parties to resolve a dispute, claim or controversy through binding Arbitration.
A binding award issued by an Arbitrator establishing the final rights and obligations of the parties. A judgment may be entered for enforcement in a public court pursuant to the rules of the relevant jurisdiction for enforcement of arbitral awards.
The scheduled meeting of the parties and Arbitrator(s) for the purpose of taking evidence and testimony to reach and resolve the dispute leading to a binding Arbitration Award.
BATNA (invented by Roger Fisher & William Ury) stands for “Best Alternative To a Negotiated Agreement.” Any negotiator should determine his or her BATNA before negotiating a settlement. If the settlement is as good as or better than one’s BATNA, the agreement should be accepted.
An ADR employee assigned to coordinate and facilitate mediations and arbitrations to their conclusion, including Mediator/Arbitrator selection, scheduling, billing, communications and client relations.
Any claim seeking a remedy or relief submitted by one party against other parties including an initial claim, counter or cross-claim.
The filing party in a dispute, also known as the Plaintiffs.
A solution to a mutual problem that meets some, but not all, of each of the parties’ interests.
Concessions are things one side gives up to try to de-escalate or resolve a conflict. They may simply be points in an argument, a reduction in demands, or a softening of one side’s position.
A private, voluntary process in which the parties appoint a neutral third party professional to investigate the dispute and provide a non-binding report of recommendations for resolve.
A clash between two or more people guided by a set of tacit rules, over their perceptions of scarce resources, incompatible content, relational, identity or process goals, unfulfilled needs, imbalance of power and/or loss of face.
Continuance is a postponement of today’s trial to a specific date in the future. Either party has the option of seeking a Continuance.
Counselling refers to a wide range of processes designed to assist people in solving personal and interpersonal issues and problems.
A claim made in opposition to an existing Mediation or Arbitration.
A written notice which the Claimant files and serves upon the Respondent to initiate the claim and request Arbitration.
The out-of-court testimony of a witness (under oath) that is reduced to writing for later use in court or for discovery purposes.
The art and practice of conducting negotiations between representatives of groups or states involved in certain conflicts, with hopes of peacemaking.