Glossary Archive

Expedited Enforcement of Arbitration Awards Expedited Enforcement of Arbitration Awards refers to the streamlined process by which courts enforce arbitration awards without the typical delays associated with litigation. Arbitration, a form of alternative dispute resolution, allows parties to resolve disputes outside of court, and an arbitration award is the decision made by the arbitrator. The...

Expedited Mediation Services Expedited Mediation Services refer to a streamlined process in mediation that allows for quicker resolution of disputes, typically involving a neutral third-party mediator who facilitates discussions between the parties to reach a mutually agreeable solution. This approach is designed to minimize the time and cost associated with traditional mediation, making it an...

Expert Determination in ADR Expert Determination is a method of Alternative Dispute Resolution (ADR) where a neutral third party, known as an expert, is appointed to make a binding decision regarding a specific issue or dispute between parties. This process is often used in complex cases where specialized knowledge or expertise is required to resolve...

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...