Duhaime's Law Dictionary

Duhaime's Alternative Dispute Resolution (ADR) Law Dictionary

This is a specialized sub-listing of our comprehensive Law Dictionary, where we've grouped terms relevant to this topic. If your term or phrase is not here, do a SEARCH using the search box above.

Alternative Dispute Resolution
Also known as 'ADR'; methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of two forms: mediation or arbitration.
Arbiter
An alternate term for arbitrator; preferred in some jurisdictions such as Scotland.
Arbitration
An agreement to submit a dispute for a hearing and binding decision by a third-party, an arbitrator(s), who is neither a judge or a Court
Arbitration Act
A statute that sets out default terms for the conduct of arbitration between parties to a dispute.
Arbitration Agreement
A contract between two or more parties to refer a dispute to arbitration.
Arbitration Clause
A clause in a contract which requires a party to refer a dispute to arbitration.
Arbitration Rules
The rules of procedure that govern a particular arbitration.
Arbitrator
The adjudicating and presiding officer of a dispute submitted to arbitration.
Award
The decision of an arbitrator.
Centrocon Clause
A clause in an arbitration agreement which bars a claim if not made in writing and an arbitrator appointed within a set time frame.
Choice of Law Clause
A term of a contract which sets the jurisdiction for dispute resolution, or the applicable law, in the event of any dispute between the conrtracting parties.
Commercial Arbitration
Arbitration of a dispute as to a trade transaction for the supply or exchange of goods or services.
Compromise Agreement
An agreement to settle a previously existing claim with a substituted performance.
Conciliation
A form of alternate dispute resolution (ADR) in which a neutral third-party hears both sides and then issues a non-binding suggested resolution.
Ex Aequo Et Bono
Latin: in justice and fairness.
Grievance
A claim by a union or a unionized employee that a collective bargaining agreement has been breached.
Grievance Arbitration
The resolution of a dispute as to an alleged violation of a term of a collective bargaining agreement, by arbitration.
International Commercial Arbitration
A commercial dispute subject to arbitration and in which a significant international elements exists such as, for example, the head offices of the disputants are different countries or the performance of the underlying contract is in a foreign state.
Judicial Review
A process where a court of law is asked to rule on the appropriateness of the decision of an administrative agency or tribunal.
Med-Arb
A form of arbitration in which the arbitrators starts as a mediator but in the event of a failure of mediation, the arbitrator imposes a binding decision.
Mediation
A neutral facilitator who assists the parties to a dispute in communicating and negotiating a settlement.
Natural Justice
Basic or fundamental judicial rights extended to a person with rights at issue.
Negotiate
To communicate on a matter of disagreement between two parties, with a view to first listen to the other party's perspective and to then attempt to arrive at a resolution by consensus.
Negotiation
Discussion for the purposes of exploring and arriving at an agreement.
Oversman
The Scottish law term for umpire.
Personal Interest
An interest in either the subject matter or a relationship with the parties before a judicial body.
Scott v Avery Clause
A contract between two parties that they will submit any dispute between them to arbitration before taking any court action.
Time-Bar Clause
A clause in a contract which sets a strict deadline within which either party may bring a dispute to either a court or to arbitration.
Umpire
Another word for an arbitrator or an arbitrator appointed to resolve an arbitration when the original arbitrators cannot agree.
UNCITRAL
Acronym of the United Nations Commission on International Trade Law; also known in law as the abbreviation in reference to arbitration rules and laws published by that agency.
Valuation
An expert's assessment, appraisal or opinion as to the market value of an item of property.

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