Glossary Archive

Expert Witness in Arbitration An expert witness in arbitration is a specialized individual who provides their expertise in a particular field to assist in resolving disputes during arbitration proceedings. Their primary role is to offer objective, informed opinions based on their knowledge and experience, which can be crucial in helping arbitrators make informed decisions. In...

Expropriation Clause An expropriation clause is a provision commonly found in contracts, particularly in real estate and commercial agreements, that outlines the rights and responsibilities of parties in the event that property is taken by a government authority through the process of expropriation. Expropriation refers to the act of a government or its agent taking...

Facilitated Settlement Conferences A Facilitated Settlement Conference is a structured negotiation process that aims to resolve disputes before they escalate to formal litigation. This method involves the participation of a neutral third party, known as a facilitator, who helps the disputing parties communicate effectively, identify key issues, and explore potential solutions. The facilitator does not...

Estate Planning Estate planning is the process of arranging for the management and disposal of an individual's estate during their life and after death. It involves making decisions about how assets will be distributed, who will manage those assets, and how to minimize taxes and legal complications. An effective estate plan typically includes several key...

Facilitation Skills in Dispute Resolution Facilitation skills in dispute resolution refer to the abilities and techniques used by a neutral party, known as a facilitator, to guide conversations and negotiations between conflicting parties. The objective of these skills is to help parties communicate effectively, explore their interests, and reach mutually acceptable agreements. Facilitation involves several...

Facilitative Mediation Facilitative mediation is a conflict resolution process in which a neutral third party, known as the mediator, assists the disputing parties in reaching a mutually acceptable agreement. The mediator does not impose a solution but rather facilitates communication, encourages understanding, and helps clarify issues to promote collaboration between the parties. In facilitative mediation,...

Facilitative Negotiation Techniques Facilitative negotiation techniques refer to methods used during negotiations that focus on improving communication, understanding, and collaboration between parties. These techniques aim to create a constructive dialogue that facilitates the resolution of disputes or the completion of agreements, rather than adopting an adversarial approach. One key aspect of facilitative negotiation techniques is...

Fact-Finding Mission in ADR A Fact-Finding Mission in Alternative Dispute Resolution (ADR) is a process where a neutral third party investigates the facts surrounding a dispute between parties in order to facilitate resolution. This mission is typically employed when there are complex issues or when parties are unable to agree on the facts of the...

Fair Housing Act Compliance Fair Housing Act Compliance refers to adherence to the Fair Housing Act, a federal law enacted in 1968 that prohibits discrimination in housing-related activities based on race, color, national origin, religion, sex, familial status, and disability. The Act aims to ensure that all individuals have equal rights to rent, buy, or...

Fair Market Value Determination Agreement A Fair Market Value Determination Agreement is a legal document that establishes the process and terms for determining the fair market value of a particular asset or property. This type of agreement is often utilized in various contexts such as estate planning, business transactions, and divorce settlements, where an accurate...