alternative dispute resolution

Final Settlement

Definition from Nolo’s Plain-English Law DictionaryAn 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...

Forum Selection Clause

A contractual agreement that designates the court and location where the parties would like to have their legal dispute decided is commonly known as a "forum selection clause."

A forum selection clause seeks to provide a court with "personal...

Framing

Negotiation technique of presenting an offer in a more attractive way without changing its substantive terms. Thus, someone offering a settlement would frame the settlement as a gain and the trial as a possible risk. Someone opposed to settling would...

Mediation

An ADR method with a neutral person helping the parties find a solution to their dispute. Since mediation is less rigid than both litigation and arbitration, it allows for creative techniques that would not be acceptable in other settings. For...

Mediator

A neutral third party that leads a mediation between parties in dispute.

Minitrial

An ADR method with attorneys for each side presenting their case as they would at an actual trial. Minitrials are private, voluntary events attended by representatives from each side who have authority to settle. Neutral third parties may also act as...

out of court

Out of court means “not before the court.” Actions, including negotiations between parties or their attorneys, without any direct involvement of a judge or the judicial system. For example, a settlement between the parties made out of court...

Ripe

A claim is "ripe" when the facts of the case have matured into an existing substantial controversy warranting judicial intervention. Article III, Section 2, Clause 1, of the U.S. Constitution requires federal courts to decide only actual cases and...

Securities Dispute Resolution

Dispute resolution methods, including mediation and arbitration, are non-judicial processes for settling disputes between two or more parties. In the securities industry, mediation and arbitration are very common. Formal litigation in court is...

Securities dispute resolution: Deciding whether to file an arbitration claim

Most retail investors must sign arbitration agreements when they open investment accounts with their brokers. Consequently, they are required to submit any disputes with their broker to arbitration. This page offers factors to consider for...

Pages