Dictionary

adjudicator: Someone who presides, judges and arbitrates during a formal dispute.

ADR: See alternative dispute resolution.

advocacy: The act of supporting an idea, person or cause.

alternative dispute resolution: Conflicts that are resolved outside of the normal court legal system. Mediation, negotiation and arbitration are all forms of alternative dispute resolution.

American Arbitration Association (AAA): An organization with a long history and experience in alternative dispute resolution. The AAA provides services to individuals and organizations who wish to resolve conflicts out of court.

Alternative Dispute Resolution (ADR): Dispute resolution processes and techniques that fall outside of the government judicial process.

answer: A written response to a claim.

arbiter: Another word for arbitrator.

arbitral tribunal: A panel of one or more adjudicators that is convened and sits to resolve a dispute by way of arbitration.

arbitration: A legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it one or more persons (arbitrators, arbiters or arbitral tribunal) by whose decision (the award) they agree to be bound.

arbitration award: An arbitration tribunal's determination, which is like a judgment in a court of law, on the merits of an arbitration proceeding.

arbitration clause: A commonly used clause in a contract that requires the parties to resolve their disputes through an arbitration process.

arbitrator: Also referred to as adjudicator; a person who may be the only member of an arbitral tribunal.

award: An award is a legal decision or grant.

baseball arbitration: A form of binding arbitration wherein each of the parties chooses one and only one number, and the arbitrator may select only one of the figures as the award.

BATNA: See best alternative to a negotiated agreement.

best alternative to a negotiated agreement: The likely course that the case would take if negotiations fail and the case goes to court.

binding: A term that describes proceedings in which parties agree that they will abide by the decision and that the decision is legally enforceable.

brief: See mediation brief.

child custody: A determination of how much time a child will spend with each parent after a divorce. Child custody also determines which parent has primary care of the child.

claim: A request for money or some type of compensation.

claimant: A person who is asking for the claim or compensation.

collaborate: To work together.

collaborative law: A type of ADR wherein each party has an attorney who facilitates the resolution process within specifically contracted terms. The parties reach agreement with support of the attorneys and mutually agreed experts, with no one imposing a resolution on the parties.

collective bargaining: A process whereby workers organize collectively and bargain with employers regarding workplace issues.

co-mediation: The use of two or more mediators during a mediation proceeding.

concession: The act of yielding a point to the other side.

confidential: Describes situations in which details of the proceedings will not be discussed with anyone outside of the negotiating process.

conflict: An open, ongoing disagreement between two or more parties.

consensus: The event in which all parties have reached an agreement.

contract: A legally binding exchange of promises or agreements between parties that the law will enforce.

counsel: Another word for lawyer or attorney; the representative of a side during a dispute.

damages: Monetary compensation for injuries or losses in a legal case.

debt arbitration: A way to reduce debt by negotiating with creditors to pay a lesser amount of the owed monies.

declaration: A judgment of the court or an award of an arbitration tribunal that is a binding adjudication of the rights or other legal relations of the parties. Declarations don't provide for or order enforcement.

declaratory award: A condition in which declaratory relief is awarded by an arbitrator.

dialogue: Conversation or discussion between two or more parties.

divorce: The legal dissolution of a marriage.

divorce arbitration: A case involving the separation of marriage that is resolved outside the courts by some arbitrating party.

ethical: Describes morally acceptable standards and principles.

evaluative mediation: A process in which a mediator will make suggestions in an effort to bring the parties to an agreement.