is the submission of a dispute to one or more impartial persons for a
final and binding decision. Through contractual provisions, the parties
may control the range of issues to be resolved, the scope of relief to
be awarded, and many procedural aspects of the process.
are the decisions of arbitrators. Awards are made in writing and are
enforceable in court under state and federal statutes. Enforcement
actions, when necessary, are brought by the parties to the arbitration.
are the AAA staff persons assigned to administer cases. The case
administrator is responsible for the general management of a particular
case, including panel selection, scheduling and exchange of information
among the parties, and all of the other administrative details involved
in moving cases through the system.
Caucuses are meetings in which a mediator talks with the parties individually to discuss the issues.
Claimants are filing parties, also known as plaintiffs.
are counterdemands made by a respondent in his or her favor against a
claimant. They are not mere answers or denials of the claimant's
for Arbitration are unilateral filings of claims in arbitration, based
on a contractual or statutory right; also, the form used.
Dispute Review Boards
a three-member construction panel selected by the owner and contractor
after a contract is awarded but before disputes arise available to
observe problems and offer immediate solutions at the job site. This
"real time" dispute resolution process allows on-site experts who visit
the job site regularly and are advised regarding the project's progress
to recommend settlements quickly, before adversarial positions can grow
is a process by which parties present the arguments and evidence to a
neutral person who then issues a nonbinding report on the findings,
usually recommending a basis for settlement.
is a proceeding in which evidence is taken for the purpose of
determining the facts of a dispute and reaching a decision based on
is a process in which a neutral assists the parties in reaching their
own settlement but does not have the authority to make a binding
(med-arb) employs a neutral selected to serve as both mediator and
arbitrator in a dispute. It combines the voluntary techniques of
persuasion, as in mediation, with an arbitrator's authority to issue a
final and binding decision, when necessary.
is a confidential, nonbonding exchange of information, intended to
facilitate settlement. The goal of mini-trial is to encourage prompt,
cost-effective resolution of complex litigation. Mini-trial seeks to
narrow the areas of controversy, dispose of collateral issues, and
encourage a fair and equitable settlement.
is a process in which disputants communicate their differences to one
another through conference, discussion, and compromise in an attempt to
Parties are the disputants.
a process used in the construction industry that brings together all
parties owners, architects, contractors, subcontractors, engineers, and
project managers before the commencement of the project, with the goal
of avoiding disputes once the work gets underway.
Respondents are responding parties, also known as defendants.
Submission is filing of a dispute to a dispute resolution process after it arises.