Neutrally Speaking
Another name for a Mediator or Arbitrator
What is a neutral
Without this, you will make no headway in any negotiation
What is trust (of the parties)
ABA Resolution that supports diverse selection of neutrals
What is Resolution 105
Does the Torts & Insurance Practice Section (TIPS) have a DR Committee
What is YES
Can get an ARB award vacated, if proven
What is partiality
What does the abbreviation (ABA) WIDR stand for?
What is Women In Dispute Resolution
Number suggested by the mediator in an effort to help resolve a case
What is a mediator's proposal
Ideas from professionals with different skills, experiences and backgrounds
What are diverse perspectives
Insurance layers of coverage limits
What is a tower or tiers
What is the name of the ethical rules governing Mediators?
What is Mediators Standards of Conduct
What does the (dispute resolution context) abbreviation ICC stand for?
What is International Chamber of Commerce
"hi-low" numbers strategy to attempt to move negotiations forward more quickly
What is brackets
Organization that is creating a database to track the selection of diverse neutrals
What is the Defense Research Institute (DRI)
Insurance company investigator/evaluator/negotiator
What is a claims adjuster/professional
Method of influencing negotiations with questions (so as not to impede on self-determination)
What is reality testing
Adjudicative ADR (vs. self-determination)
What is Arbitration
The start of mediation with all parties in the same room
What is a Joint opening session
What is the Ray Corollary Initiative?
What is a diversity initiative that ABA supports (based on research that shows that if 30% of a pitch list includes diverse neutrals, the chance of selection is higher)
A civil wrong by a person, business or entity that arises from negligence, causing damages
What is a tort
Makes mediation attractive because information cannot be shared
What is confidentiality
Name 3 different styles of mediation
What is Facilitative, Evaluative, Transformative
(newer strategy) "Team" approach to mediation
What is co-mediation
In what year did the ABA House of Delegates pass Res 105?
When is 2018
When a plaintiff bears some responsibility for their own damages (recovery can be reduced or barred)
What is comparative fault (or contributory negligence)
Settlement recap parties sign at mediation to memorialize settlement until the release is executed
What is essential terms/memorandum