Podcast
Questions and Answers
What is the key difference between mediation and arbitration?
What is the key difference between mediation and arbitration?
What is a primary advantage of arbitration over traditional court proceedings?
What is a primary advantage of arbitration over traditional court proceedings?
Which statement accurately describes the role of an arbitration body?
Which statement accurately describes the role of an arbitration body?
What is the basis for appeal when a judge incorrectly allows to hear evidence that shouldn't be heard?
What is the basis for appeal when a judge incorrectly allows to hear evidence that shouldn't be heard?
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What is the purpose of a Writ of Garnishment in the context of collection/enforcement of judgment?
What is the purpose of a Writ of Garnishment in the context of collection/enforcement of judgment?
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In Alternative Dispute Resolution (ADR), what do parties agree to when signing a settlement agreement?
In Alternative Dispute Resolution (ADR), what do parties agree to when signing a settlement agreement?
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What role does a mediator play in mediation as an ADR method?
What role does a mediator play in mediation as an ADR method?
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What is the purpose of a Motion to Dismiss filed by a defendant?
What is the purpose of a Motion to Dismiss filed by a defendant?
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When must a defendant file an Answer in response to a complaint?
When must a defendant file an Answer in response to a complaint?
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What can be the basis for making a Motion to Dismiss before a trial?
What can be the basis for making a Motion to Dismiss before a trial?
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What is the purpose of counterclaims filed with an Answer by a defendant?
What is the purpose of counterclaims filed with an Answer by a defendant?
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Study Notes
Key Differences Between Mediation and Arbitration
- Mediation involves a neutral third party facilitating negotiation and communication between disputing parties to reach a mutually acceptable resolution.
- Arbitration is a process where an arbitrator acts as a private judge, making binding decisions based on evidence and arguments presented by the parties.
Advantages of Arbitration
- Arbitration offers a more streamlined, efficient resolution process compared to traditional court proceedings, often resulting in quicker outcomes.
Role of an Arbitration Body
- An arbitration body acts as a neutral entity that oversees the arbitration process, ensures fairness, and issues binding decisions based on the evidence presented.
Basis for Appeal in Judicial Errors
- A party may appeal if a judge improperly admits evidence that is not relevant or admissible, violating rules of evidence and potentially affecting the outcome.
Purpose of a Writ of Garnishment
- A Writ of Garnishment allows a creditor to collect a judgment by legally seizing the debtor's wages or assets held by a third party.
Settlement Agreement in ADR
- In Alternative Dispute Resolution, parties agree to a settlement that is intended to be binding, resolving their dispute without further litigation.
Role of a Mediator
- A mediator facilitates dialogue and promotes understanding between parties, helping them identify interests and explore options for resolution without imposing decisions.
Purpose of a Motion to Dismiss
- A Motion to Dismiss is filed by a defendant to challenge the legal sufficiency of a complaint, arguing that the case should not proceed to trial.
Timeline for Filing an Answer
- A defendant must file an Answer within a specified time frame after being served with a complaint, typically within 21 to 30 days depending on jurisdiction.
Basis for Motion to Dismiss Before Trial
- A Motion to Dismiss can be based on grounds such as lack of jurisdiction, failure to state a claim upon which relief can be granted, or expiration of the statute of limitations.
Purpose of Counterclaims
- Counterclaims allow a defendant to assert their own claims against the plaintiff in response to the original complaint, potentially reducing the plaintiff's power in the case.
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Description
Test your knowledge on the differences between mediation and arbitration. Learn about court-ordered mediation, settlement outcomes, and the binding decisions made in arbitration. Explore topics like arbitration clauses and the enforcement of arbitration agreements.
