Ralph O. Williams III

ADR Dictionary

ADR:

Alternate or Appropriate Dispute Resolution procedures used outside of court, cost effective litigation management and litigation prevention techniques.

ARBITRATION:

An adversarial process in which the disputants select a neutral third person to listen to evidence and render an award.  May be binding or non-binding.

BRAINSTORMING:

The process of inventing options and developing alternatives towards achieving a settlement.  This is an open forum where neither party is obligated with respect to the ideas generated.

DAY BASEBALL ARBITRATION:

The parties give the arbitrator, at the beginning or end of the hearing, their last, best offer/demand.  Having reviewed the evidence and listened to the testimony, the arbitrator picks one figure or the other as the award.  This process encourages both sides to be as reasonable as possible in presenting their final positions.

GOLF OR NIGHT BASEBALL ARBITRATION:

This option is similar to Day Baseball, except the parties seal their last, best offers instead of giving them to the arbitrator.  After the arbitrator renders a decision, the party whose number is mathematically closer to the neutral’s award prevails.

HIGH/LOW AGREEMENT:

Similar to baseball arbitration.  The parties negotiate a minimum award (low) and a maximum award (high).  Any award above the high number is decreased to the high, and any award below the low number is increased to the low.  An award in the middle is the final award.  The high or low figures may be disclosed or undisclosed to the arbitrator.

ARBITRATION/MEDIATION (ARB/MED):

Parties agree to binding arbitration, arbitration is conducted, award written and sealed.  Mediation then conducted. If settled, award destroyed.  If not settled, award opened and delivered.

MEDIATION/ARBITRATION (MED/ARB):

Parties agree to mediate with stipulation that any issues not settled will be resolved by binding arbitration.

JUDICIAL SETTLEMENT CONFERENCE:

A neutral individual, usually a retired judge, listens to an abbreviated presentation of the case and renders an advisory opinion on factual or legal issues, as well as damages.

MEDIATION:

A private, voluntary process in which an impartial person facilitates communication between parties to promote settlement.

MINI TRIAL:

An abbreviated, informal presentation of the case by the parties to a senior claims or business representative intended as a prelude to settlement discussions.  Primarily used in large, complex, or multi-party cases.

NEGOTIATION:

Voluntary, informal, unstructured process used by disputants to reach a mutually acceptable agreement.

NEUTRAL THIRD PARTY:

An impartial third party; a disinterested party with no “connection” to the matter, selected by parties to assist in identification and clarification of issues, generation of options and facilitation of a mutually acceptable agreement.

WIN – WIN:

A proposition in which both sides of a dispute have had an opportunity to explore positions, interests and options for resolution, and ultimately structure an agreement that has appeal to both.