Glossary of Common Terms
ADRS Process.
An ADRS
(Alternative Dispute Resolution Service) Process is a method for
out-of-court resolution of conflict through the intervention of
third parties. Mediation and arbitration are the two ADRS
processes that NACHI ADRS uses.
Arbitration
is a process in which parties submit disputes to a neutral third
person or persons for a decision on the merits. Each party has
an opportunity to present evidence to the arbitrator's in
writing or through witnesses. Arbitration proceedings tend to be
more informal than court proceedings and adherence to judicial
rules of evidence is not usually required. Arbitrators decide
cases by issuing written decisions or "awards." An award may or
may not be binding on the parties, depending on the agreement to
arbitrate. A "binding" arbitration award may be enforced as a
court judgment under the terms of federal or state statutes, but
judicial review of arbitration awards is limited.
Awards
are the
decisions of arbitrators. Awards are made in writing.
Claimants
are filing
parties, also known as plaintiffs.
Consumer
refers to
an individual who purchases or leases goods or services, or
contracts to purchase or lease goods or services, intended
primarily for personal, family or household use.
Counterclaims
are
counter-demands made by a respondent in his or her favor against
a claimant.
Defendants
are respondents to the claim
Fact-finding
is a process by which parties present the arguments and evidence
to a neutral person, who then issues a non-binding report on the
findings, usually recommending a basis for settlement.
Hearing
is a process,
by which evidence is taken for the purpose of determining the
facts of a dispute and reaching a decision based on that same
evidence, and from statements made by the Parties involved.
Mediation
refers to
a range of processes in which an impartial person helps parties
to a dispute to communicate and to make voluntary, informed
choices in an effort to resolve their dispute. A mediator,
unlike an arbitrator, does not issue a decision regarding the
merits of the dispute, but instead facilitates a dialogue
between the parties with the view of helping them arrive at a
mutually agreeable settlement.
Mediation-arbitration
employs
a neutral selected to serve as both mediator and arbitrator in a
dispute. It combines the voluntary techniques of persuasion, as
in mediation, with an arbitrator’s authority to issue a final
decision.
Negotiation
is a process
in which disputants communicate their differences to one another
through conference, discussion, the Internet, in an attempt to
reach a mutually agreeable settlement.
Parties
are the
disputants.
Respondents
are responding
parties, also known as defendants.
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