Test 3 Flashcards
(45 cards)
What is adjudication
adversarial dispute resolution THAT IS PUBLIC where disputants present arguments to a neutral third party for a binding decision
what is arbitration
adversarial dispute resolution THAT IS PRIVATE where disputants present arguments to a neutral third party for a binding decision
what are some advantages to arbitration to adjudication
- lower cost
-less time consuming - decisionmaker has subject expertise
what are the 5 different types of arbitration
- commercial arbitration
- labor arbitration
- employment arbitration
- consumer arbitration
- court-annexed arbitration
what is commercial arbitration
a voluntary agreement BETWEEN BUSINESSES that has a provision to take any dispute to arbitration
what is labor arbitration
the use of arbitration to resolve disputes over a COLLECTIVE BARGAINING AGREEMENT
what is employment arbitration
using arbitration in a NON UNIONIZED employment setting
what is consumer arbitration
using arbitration to resolve conflict between CONSUMERS AND COMPANY
what is executory arbitration
arbitration based on an agreement PRIOR to the dispute arising
what is Ad-Hoc arbitration
arbitration that comes with an agreement to arbitrate AFTER the dispute arises
what is the arbitration hearing process
- intro
- presentation of joint exhibits
- framing the issue
- opening statements
- cross examinations of witnesses
- cross examination of rebuttal witnesses
- closing statement
what are the 2 types of labor arbitration
- rights based
- interest based
what is rights based labor arbitration about
arbitration used to resolve disputes of an ALREADY EXISTING CONTACT
- last step in procedure
what is interest based labor arbitration
arbitration used with NEW CONTRACTS
- used in an impasse when negotiating a CBA (public sector)
where is the burden of proof in a rights based labor arbitration
management
where is the burden of proof in an interests based labor arbitration
the union/employee
what is preponderance of evidence
51%- slightly in your favor
what is clear and convincing evidence
75%
what is beyond a reasonable doubt
99%
what is final offer arbitration (Interest)
arbitrator is told to choose one side over the other which makes the parties make realistic offers
what is night baseball arbitration
arbitrator decides case without knowing parties final offers, whoever is closest wins
what is high-low arbitration
the arbitrator decision is restricted to a range of possible outcomes determined by parties prior
what is court connected arbitration
a dispute program established by courts that requires arbitration of small claims
what is a contract of adhesion
a contractual agreement between a very powerful person (owner) and disempowered person (employee)
