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| ALTERNATIVE
DISPUTE RESOLUTION (ADR) |
Refers
to dispute resolution procedures utilized outside of court, cost
effective litigation management and litigation prevention techniques |
| 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 |
| CONFIDENTIALITY |
Private
matters discussed and held in confidence by the neutral third party |
| FACILITATE |
To
make easy or easier...to lighten the work of; assist; help [Webster's
New World Dictionary] |
| FACT
FINDING |
Informal
process whereby a neutral third party investigates the question
in issue and submits a report or testifies in court. |
| INTERESTS |
Concerns,
desires, wants. What caused people to take a position |
| NEUTRAL |
Impartial
Third Party; a disinterested party with no "connection" to the matter |
| POSITIONS
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What
people in a dispute want; something decided upon |
| 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 |
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