The Federal Arbitration Act is a federal statute, codified at 9 U.S.C. §§ 1-16, that protects the integrity of many arbitration agreements by deeming them valid, irrevocable, and enforceable. As a result of this law, courts do not have the...
alternative dispute resolution
final settlement
Final settlement often refers to a settlement agreement, which is an agreement to some resolution of the dispute and to stop future litigation. Final settlements differ depending on what the parties negotiate. The agreements often include for...
forum selection clause
A contractual agreement that designates the court and location where the parties would like to have their legal dispute decided is commonly known as a "forum selection clause."
A forum selection clause seeks to provide a court with "personal...
framing
Framing is the negotiation technique of presenting an offer in a more attractive way without changing its substantive terms. This is typically accomplished by presenting the context of a concept, an occurrence, a method, or a question in...
justice of the peace (JP)
Justice of the peace (JP) is a title for a public officer authorized to preside over a local court of limited jurisdiction, referred to as a court of a justice of the peace. A justice of the peace is sometimes referred to as a “lay judge”, as...
limited scope representation
Limited scope representation is when a lawyer agrees to take on only some part of a client’s matter. In the litigation context, attorneys providing limited scope representation must often file a notice with the court that they are...
mediation
Mediation is an alternative dispute resolution method with a neutral person helping the parties find a solution to their dispute. The neutral party is known as a mediator. Mediation may also be called case evaluation or facilitated...
mediator
A mediator is a neutral third party that leads a mediation between parties as a form of alternative dispute resolution. A mediator’s goal is to encourage collaboration between the parties and guide them to a settlement through the mediation...
minitrial
A minitrial is an alternative dispute resolution method with attorneys on each side presenting their case as they would at an actual trial. Minitrials are private, voluntary events attended by representatives from each side who have authority...
out of court
Out of court means “not before the court.” Actions, including negotiations between parties or their attorneys, without any direct involvement of a judge or the judicial system. For example, a settlement between the parties made out of court...