Arbitration
Arbitration
is a process in which an impartial professional listens to presentations
made by the disputants, and then issues a decision that settles the conflict.
The result is binding on all parties who have agreed in advance to accept
the arbitrator's decision.
Arbitrator
The
Arbitrator "convenes" the arbitration, manages the process efficiently,
maintains confidentiality, and issues a decision based on the submissions
of the parties and the documents that are presented. The Online Arbitrator
coordinates and schedules the presentation of data, makes rulings on admissibility
of evidence, keeps the process moving forward, and renders a decision
promptly after the conclusion of the hearing.
Claimant
The
claimant is the party initiating a claim against another party for compensation
or other redress.
Commercial
Dispute
Commercial
disputes are disagreements, generally about who owes what to whom. Typically,
the parties have entered into an oral or written contract and one or both
parties are dissatisfied with some aspect of the other's performance.
Often the parties benefit from the assistance or decision of a neutral
third party to resolve the issue.
Early
Neutral Evaluation
In
neutral evaluation (sometimes known as non-binding arbitration) the parties
present their case to a neutral third party who then prepares an opinion
on the case or some aspect of it. This opinion is not binding on the parties
involved in the dispute.
Evaluation
This
is a another term for early neutral evaluation. It is a process that uses
independent experts to investigate and evaluate claims and advise on settlement
in the form of a non-legally binding opinion.
Evaluators
These
are professionals who can efficiently and effectively gather and assess
claims information, meet with the parties, hear their submissions and
review their supporting documentation, and provide an expert opinion on
an appropriate settlement of the dispute.
Legal
Advice
The ElectronicCourthouse
does
not provide legal advice to its customers. It provides a dispute resolution
service to the parties.
It
is your responsibility to speak to your own independent lawyer to ascertain
your legal rights and obligations associated with the dispute. Resolution
Professionals do not and can not provide either party with legal advice
relating to the dispute at any time during your resolution service. You
may search our data base and our resource base to assist you with basic
legal information, but this is not legal advice.
Mediation
Mediation
is voluntary, informal, and private. It is a collaborative process in
which a professional mediator assists parties to a dispute to find their
own workable, practical, and effective solutions. Mediation is a process
in which the parties to a dispute meet with an impartial third party mediator.
This mediator assists them in resolving their dispute but cannot impose
a settlement. This method relies on the consent and voluntary participation
of the parties.
Mediator
A
mediator helps you and the other party communicate your ideas and proposals
clearly, identify key issues, search for common ground, develop practical
solutions, and make effective, durable and workable decisions that resolve
your conflict. The mediator does not make decisions for you, nor recommend
solutions; in mediation you make your own decisions.
Subject-Matter
Expert
Subject-Matter
Experts bring highly specialized subject-matter expertise in diverse areas
of law relevant to our customers’ disputes, including e-commerce,
intellectual property, insurance, the environment, workplace issues and
human rights. Subject-Matter experts may assist your Dispute Resolution
Professional should highly specialized legal or subject-matter expertise
be required.
ResolutionRoom
A
place where the parties can securely file, store, retrieve and view all
documents; make and track proposals; identify and track individual issues;
vote on issues; carry out messaging in a secure environment. The ResolutionRoom™
allows for secure “asynchronous” communications required in
advance of the Resolution Session itself, allowing different Parties to
file different documents on different days.
Respondent
The
respondent is the party responding to the claim by a claimant, and the
respondent may also be making a counter-claim in response.
Retainer
A
fee charged in advance to retain the services of a professional
Rules
of Engagement
The
Rules govern important issues such as the methodology you select (for
example, mediation alone or arbitration alone), participation of legal
counsel in the Resolution Session, and rights of appeal. Once both parties
sign the Rules, they form a final and binding contract governing your
Resolution Process. The Rules govern important issues such as the methodology
you select (for example, mediation alone or arbitration alone), participation
of legal counsel in the Resolution Session, and rights of appeal. Once
both parties sign the Rules, they form a final and binding contract governing
your Resolution Process.
Side
Room
A
private area for a conversation with your own advisor within the ResolutionRoom™.
Stepped
Service or "Mediation-Arbitration
The
parties wish to adopt "stepped" approach to dispute resolution,
commencing with mediation and, where necessary, stepping up to binding
arbitration to resolve the dispute.
