Glossary
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Adjudication
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Adjudication is a binding decision made by an appointed neutral party on the basis of submitted documents or after a hearing. It is designed to provide a speedy resolution, enabling parties to continue with work undertaken. Either party may appeal the adjudicator's decision to court or arbitration, or indeed settle the dispute by mediation. The Housing, Grants, Regeneration Act 1996 has greatly increased the use of adjudication.
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ADR
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Alternative Dispute Resolution. This is a generic term referring to all methods of conflict resolution other than courtroom litigation.
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Arbitration
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An arbitrator is appointed by the parties to make a binding decision from which there are very limited grounds of appeal.
In many ways arbitration is not unlike the court process. Surroundings are similar, although usually more informal and solicitors and barristers commonly appear at hearings. Strict rules of evidence, however, do not apply. An arbitration decision is generally enforceable worldwide.
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Conciliation
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A without prejudice non-binding dispute resolution process in which an independent third party ("neutral") assists the parties to settle their difference but may, if necessary, deliver his opinion as to the merits of the dispute.
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Dispute review panel
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A panel set up under the terms of a contract to adjudicate, mediate, or settle disputes.
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Early neutral evaluation
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An expert is appointed to review the case then tell the parties what the likely outcome would be if they went to trial. ENE is not binding and enables the parties to negotiate a settlement having heard the evaluation.
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Evaluation mediation
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Evaluative mediation is a process modelled on settlement conferences held by judges. An evaluative mediator assists the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a judge or jury would be likely to do.
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Expert determination
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The parties appoint a neutral expert who makes a binding decision. Care must be taken to appoint a suitable expert, as there is no appeal against the decision.
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Facilitation
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A collaborative process used to help groups with divergent views reach a goal or complete a task.
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Litigation
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A process to determine a dispute through the law courts that results in a binding decision by a judge imposed on all parties.
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Mediation
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A voluntary and guided process where an impartial mediator helps the parties to negotiate. The process is not binding unless or until the parties reach agreement, after which the final agreement can be enforced as a contract.
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Neutral
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A term sometimes used to describe an independent third party who acts as mediator, conciliator or chairman in various ADR procedures.
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