Litigation
An arrangement where attorneys receive a percentage of the settlement or judgment instead of hourly fees.
What are contingency fees?
The arbitrator's decision is final and enforceable in court.
What is binding arbitration?
A facilitated negotiation process where a neutral third party assists disputing parties in reaching a voluntary agreement.
What is mediation?
A structured settlement process where each party presents a summarized version of their case to senior decision-makers.
What is a mini-trial?
Act in the best interest of the company and its stakeholders with loyalty, care, and honesty.
What is the fiduciary principle?
Monetary compensation awarded to punish egregious conduct and deter future misconduct.
What are punitive damages?
Parties may choose to accept or reject the arbitrator's decision.
What is non-binding arbitration?
Discussions are usually X and protect business reputations.
What is the privacy of mediation?
Parties hire a private judge to conduct a trial and render a decision.
What is a rent-a-judge?
Respect others' property, avoid theft or misuse, and protect what’s entrusted to you.
What is the property principle?
Pre-trial phase where parties exchange information, documents, and evidence relevant to the case.
What is discovery?
Less formal than court trials, with simplified rules of evidence and procedure.
What is the arbitration process?
Parties retain control over X in mediation.
What is the outcome?
Companies voluntarily agree to use ADR methods before resorting to litigation.
What is a corporate pledge?
Keep your word—honor agreements and follow through on commitments, even informal ones.
What is the reliability principle?
Citizens selected to determine the facts and render a verdict in a trial.
What are juries?
Grounds for appealing arbitration decisions are narrow, typically involving claims of WHAT.
What are arbitrator misconduct or fraud?
Mediation is not X, compared to arbitration and litgation.
What is binding?
Used by corporations like DuPont and GE to evaluate disputes before initiating formal ADR processes—reducing costs and improving match between method and conflict.
What is a suitability screen for mediation, arbitration, or litigation?
Be open and truthful in business practices, record-keeping, and disclosures, while respecting confidentiality.
What is the transparency principle?
Extended litigation can cause emotional strain, anxiety, and distraction from business operations.
What is psychological damage associated with litigation?
Multiple arbitrators or extended proceedings can lead to this.
What are the costs of extended or excessive arbitration?
1 billion in Y can still occur through mediation.
What is a settlement?
Utilizes digital technology to facilitate dispute resolution, often in e-commerce contexts.
What is online dispute resolution?
Treat all people with respect and safeguard their rights, privacy, and well-being.
What is the dignity principle?