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Alternative dispute resolution
Alternative dispute resolutionAlso known as "ADR"; methods by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts, usually through one of two forms: mediation or arbitration. It typically involves a process much less formal than the traditional court process and includes the appointment of a third-party to preside over a hearing between the parties. The advantages of ADR are speed and money: it costs less and is quicker than court litigation. ADR forums are also private. The disadvantage is that it often involves compromise. RELATED TERMS-------------------------------------- Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Litigation A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations. Public By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public. Mediation The act of some mutual friend of two contending parties, who brings them to agree, compromise or settle their disputes. Arbitration The settling of a dispute by an arbitrator. Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties. Where arbitrators cannot agree they may appoint an "umpire". The decision of an arbitrator is known as an "award". Process 1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing. Court A body in government to which the administration of justice is delegated. Appointment 1) Government, wills. The act by which a person is selected and invested with an office; as the appointment of a judge, of which the making out of his commission is conclusive evidence. 2) By appointment is also understood a public employment, nearly synonymous with office. Hearing "1) Chwncery practice. The term, hearing is given to the trial of a chancery suit. 2) Criminal law. The examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accuser. Parties Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement. Money Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money. Costs This is a term often used in judgments as in "the defendant will pay costs." When a person is condemned to "costs" it means that he has to pay all the court costs such as the fees for bringing the action, witness fees and other fees paid out by the other side in bringing the action to justice. A court can also condemn a losing party to "special costs" but this is considered punitive as it would include the other side's lawyer bill. The rule in most places is that "costs follows the event" which means that the loser pays. In most states, the court has the final say on costs and may decide not to make an order on costs. Private Not general, as a private act of the legislature; not in office; as, a private person, as well as an officer, may arrest a felon; individual, as your private interest; not public, as a private way, a private nuisance. SIMILAR TERMS-------------------------------------- Alteration Changing or making different. Alternate director Under the Articles of Association of a company a director can appoint another person to hold office and act in his place as a director on a temporary basis. An alternate director can vote at board meetings and carry out the same functions as his appointing director in his absence. The alternate carries full legal responsibility and liability as a director. Sometimes alternates may only be appointed from other members of the board to avoid the introduction of outsiders. Alternative legacy One where the testator gives one of two things to the legatee without designating which of them; as, one of my two horses. PREVIOUS AND NEXT TERMS-------------------------------------- Allision Allision is a primarily American term for collision of a ship with a fixed object, not a ship. Allodial A kind of land ownership that is unfetterred, outright and absolute. It is the opposite of the feudal system and supposes no obligation to another (ie. a lord). Allonge A piece of paper which has been attached to a contract, a check or any promissory note, on which to add signatures because there is not enough room on the main document. Alteration Changing or making different. Alternate director Under the Articles of Association of a company a director can appoint another person to hold office and act in his place as a director on a temporary basis. An alternate director can vote at board meetings and carry out the same functions as his appointing director in his absence. The alternate carries full legal responsibility and liability as a director. Sometimes alternates may only be appointed from other members of the board to avoid the introduction of outsiders. Alternative dispute resolution Alternative legacy One where the testator gives one of two things to the legatee without designating which of them; as, one of my two horses. Amalgamation The merging of two things together to form one such as the amalgamation of different companies to form a single company. Ambassador A citizen that has been officially asked by their country to live in another country in order to legally represent it. For example, the USA has sent ambassadors to live, and represent the USA, in almost all other countries. Ambulatory Something which is not cast in stone; which can be changed or revoked, such as a will. Amend To change, to revise, usually to the wording of a written document such as legislation. We thank you for using the Juridical Dictionary to search for Alternative dispute resolution. If you have a better definition for Alternative dispute resolution than the one presented here, please let us know by making use of the suggest a term option. This definition of Alternative dispute resolution may be disputed by other professionals. Our attempt is to provide easy definitions on Alternative dispute resolution and any other medical topic for the public at large.
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