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21 Cards in this Set
- Front
- Back
Initial discussions between people in conflict without the presence of third parties.
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Informal talks
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A type of resolution that cannot be further challenged.
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Binding resolution
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A formal process using a judge and juries to resolve conflicts.
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Court action
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A process in which a third party listens to both sides and helps them decide the outcome of the dispute for themselves.
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Mediation
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A less formal process than a trial in which a third party listens to both sides and decides the outcomes of the dispute.
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Arbitration
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Another name for bringing a lawsuit to court.
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Litigation
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(True/False) If you choose to represent yourself in court, you are bound by the same rules that attorneys must follow.
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True
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What are the 3 types of Alternative Dispute Resolution?
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Mediation, Arbitration, Negotiation.
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The right of government to take away private land for public use.
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Eminent Domain
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What are the 5 benefits of mediation?
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1. Voluntary
2. Confidential 3. Effective 4. Enforceable 5. Free |
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A court supervised procedure that proves or validates the deceased person's will
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Probate
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What is the major advantage of mediation?
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Niether party can be forced to accept the solution suggested or proposed.
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What must happen for an agreement reached in mediation to become legally binding on both parties?
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It must be written down
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The parties give the power to settle their dispute to an impartial 3rd party
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Arbitration
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Neutral third party used to settle a dispute (acts as judge and jury)
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Arbitrator
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A dispute settled by a 3rd party in which the dispute is legally enforceable and final.
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Binding arbitration
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Must legal precedent be followed in binding arbitration?
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Yes
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What is a major disadvantage of binding arbitration?
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You cannot appeal the decision
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What is the intent of binding arbitration?
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Resolution (coming to a final agreement without going to court)
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What is the intent of non-binding arbitration?
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Negotiation
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A process where each party appoints a spokesperson to represent him or her in the reconciliation process
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Negotiation
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