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Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
The term mediation, however, due to language as well as national legal standards and regulations is not identical in content in all countries but rather has specific connotations, and there are some differences between Anglo-Saxon definitions and other countries, especially countries with a civil, statutory law tradition. [1]
While many states have adopted some version of the Uniform Arbitration Act, the Revised Uniform Arbitration Act, or the Uniform Mediation Act, there are also many laws and regulations that create or mandate various forms of dispute resolution unique or particular to the specific state in which it was enacted. There are multiple rules and laws ...
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Quick Reference Guide on Arbitration, Conciliation & Mediation is a book authored by Vishnu S Warrier published by Lexis Nexis in 2015. The book studies the concept of arbitration, mediation and conciliation procedure in ancient India and present. Considering law students in mind, author did justice to conceptualize the alternative dispute ...
High-Low Arbitration, or Bracketed Arbitration, is an arbitration wherein the parties to the dispute agree in advance the limits within which the arbitral tribunal must render its award. It is only generally useful where liability is not in dispute, and the only issue between the parties is the amount of compensation.
The mediation between the conference and FSU would be voluntary according to Cooper and he wants both sides to get in the same room and discuss possible solutions to the issues of the lawsuit that ...
The early stages of the lawsuit may involve initial disclosures of evidence by each party and discovery, which is the structured exchange of evidence and statements between the parties. Discovery is meant to eliminate surprises, clarify what the lawsuit is about, and also to make the parties decide if they should settle or drop frivolous claims ...