alternative dispute resolution

self-help

Obtaining relief or enforcing one's rights outside of the normal legal process. Examples include repossessing a car when payments have not been made, retrieving borrowed or stolen goods, demanding and receiving payment, or abating a nuisance (such as digging a ditch to divert flooding from someone else's property). Self-help is legal as long as it does not "break the public peace" or violate some other law (although brief trespass is common).

Final Settlement

An agreement reached by the parties to a lawsuit, usually in writing or read into the record in court, settling all issues. Usually there are elements of compromise, waiver of any right to reopen or appeal the matter even if there is information found later which would change matters (such as recurrence of a problem with an injury), mutual release of any further claim by each party, a statement that neither side is admitting fault, and some action or payment by one or both sides. In short, the case is over, provided the parties do what they are supposed to do according to the final settlement's terms.

Collaborative Law

An alternative way to settle disputes in which both parties hire specially trained attorneys who work to help them respectfully resolve the conflict. Every participant in a collaborative case agrees to work together to seek a "win-win" solution to the needs of both parties. A collaborative law case is not permitted to go to court. If the dispute does end up in court -- or if one of the parties threatens to go to court -- the collaborative law process ends and neither lawyer can continue to work on the case.

Pages

Subscribe to RSS - alternative dispute resolution