Arbitration- is
the submission of a dispute to one or more neutrals, impartial
persons, for a decision that may be binding or not in accordance
with the terms of the agreement to arbitrate. It
is in essence private judging. Arbitrators are bound
only by their own discretion, exercised within the scope
of the authority entrusted to them by the parties rather
than rules of law, equity, procedure, or evidence.
Arbitrator- is
a neutral chosen by the parties to solve a dispute between
them. This neutral or panel of who neutrals hears
testimony, reviews evidence and is vested with the power
to make a final determination of the issues in controversy.
Awards-
are
the rulings/decisions of arbitrators. Awards resulting
from binding arbitration are made in writing and are enforceable
in court under state and federal statutes. The parties
to the arbitration bring enforcement actions, when necessary.
The award is the counterpart of a court's order or judgment.
Claimants- are
filing parties, also known as initiating parties, complainants,
Party A or plaintiffs.
Counterclaims-
are
counter demands made by a responding party against a claimant. They
are not just answers or denials of the claimant's allegations.
Demands for
Arbitration- are (unilateral filings of claims in
arbitration, based on a contractual or statutory right;
also, the form used.
Fact-finding- is
a process by which parties present the arguments and evidence
to a neutral person who then issues a nonbinding report
on the findings, usually recommending a basis for settlement.
Hearing- is
a proceeding in which evidence is taken for the purpose
of determining the facts of a dispute and reaching a decision
based on evidence.
Mediation- is
a confidential, less formal process than court or arbitration
in which a mediator, a professional neutral, assists the
parties in reaching his or her own settlement.
Mini-trial- is
a confidential process, a “trial run” for informational
purposes which is intended to facilitate settlement.
Negotiation- is
a process in which disputants discuss, debate and/or explore
with one another in order to arrive at agreements or settlements.
Neutral- as
used on this site, refers to a person who is not engaged
on any side of a dispute and not aligned with any of the
parties. An impartial person available to facilitate the
resolution of disputes.
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