Alternative Dispute Resolution

Description

ADR Methods
Elisabeth Ferrara
Flashcards by Elisabeth Ferrara, updated more than 1 year ago
Elisabeth Ferrara
Created by Elisabeth Ferrara about 6 years ago
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Resource summary

Question Answer
Early Neutral Evaluation/Early Neutral Judicial Evaluation No legally binding decision. An independent expert or judicial evaluator meets with the parties early on to provide a non-binding, confidential assessment of the dispute. Helpful in promoting settlement discussions.
Expert Determination An independent expert is appointed by the parties on contractual terms which define his powers, this can mean his decision binds the parties. Suitable for technical matters, but not for a full hearing where credibility needs to be tested or where legal issues are in dispute as well as factual issues.
Mini-Trial A neutral person presides over a panel consisting of executives from each side, which hears presentations from each side and then attempts to negotiate a settlement. Not binding.
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