ADR Glossary

Arbitration Agreement

Any written agreement between the parties to resolve a dispute, claim or controversy through binding Arbitration.

Arbitration Hearing

Any proceeding in which disputes, claims or controversies are resolved, including:  In-Person/Oral Arbitration Hearing – any proceeding in which an Arbitrator entertains oral testimony or arguments and reviews documents and evidence to render an award or judgment.  The hearing may be conducted in-person or via telephone.

Arbitration based on Written Submissions – any proceeding in which the Arbitrator reviews documents, evidence or property and bases his or her decision solely on the documentary evidence presented to him or her.

Arbitration Notice

A written notice which the Claimant files and serves upon the Respondent to initiate the claim and request Arbitration. Also referred to as a Demand For Arbitration.

Arbitrator

An individual conducting Arbitration Hearings.

Award

Any binding award issued by an Arbitrator establishing the final rights and obligations of the parties. A judgment may be entered for enforcement in a public court pursuant to the rules of the relevant jurisdiction for enforcement of arbitral awards.

Claim

Any claim seeking a remedy or relief submitted by one party against other parties including an initial claim, counter or cross claim.

Claimant

Any party initiating an Arbitration or Mediation and making a Claim under these Rules and Procedures.

Consumer

An individual who purchases, seeks or acquires good or services for personal, family or household use.

Deposition

Testimony under oath, especially a statement by a witness that is written down or recorded for use in legal proceedings at a later time.

Discovery

The compulsory disclosure of pertinent facts or documents to the opposing party in a legal proceeding.

Document

Any writing or data compilation containing evidential information such as facts, opinions, statements, reasons, descriptions, legal arguments or any other information in any form such as an agreement, record, correspondence, tape, disk, request, notice, affidavit, memorandum or other writing. Documents shall include, but not be limited to, all written notifications and communications, pleadings, reports, photographs, bills, receipts, invoices, records maintained in the ordinary course of business, medical reports, contracts and any other written documents.

Interim Order

Any order providing temporary or preliminary relief pending a final Award.

Interrogatory

A formal or written question asked to a witness, usually requiring an answer under oath.

Mediation

A non-binding settlement conference. Mediation sessions are only binding where an agreement is reached. Documentary evidence may be used by the parties and submitted to the Hearing Officer to facilitate negotiations.

Mediator

An individual conducting a Mediation Conference.

Mediation Agreement

Any written agreement between the parties to resolve a dispute, claim or controversy through non-binding Mediation.

Mediation Conference

A non-binding settlement proceeding in which each party is given an opportunity to describe the facts of the case and explain its position to a Mediator who in turn meets privately with each side to evaluate their respective cases and to discuss potential settlement figures with a view toward guiding the parties to the settlement of their dispute. The hearing may be conducted in-person or via telephone.

Mediation Notice

A written notice which the Claimant files and serves upon the Respondent to initiate the claim and request Mediation. Also referred to as a Request For Mediation.

Order

Any order issued by an Arbitrator establishing specific rights and obligations of the parties.

Party

Any individual or entity who makes a claim or against whom a claim is made, including Claimants and Respondents.

Reasoned Decision

An Award (as defined in E above) which also includes the written findings of fact, conclusions of law or reasons for the Award.

Reply

A written response by the Respondent to an Arbitration Notice filed by the Claimant.

Representative

Any individual, including an attorney, who represents a party in an Arbitration or Mediation.

Respondent

Any party against whom a claim is made.

Sanctions

May include the dismissal of the claim or counter-claim, preclusion of evidence, admission of facts, payment of fees, costs or attorney’s fees or the granting of an award. The Arbitrator may impose sanctions against a party, a representative or both.

Service

The methods of delivery specified in Rule No. 11 by which a party may deliver an Arbitration Notice or Reply, or any other documents or written communications to another party or to the NAM Administrator.

Signature or Signed

A mark or symbol intended as an attestation, produced by reliable means, intended as a signature.

Witness

An individual who may or may not be a party, who will appear at an Arbitration hearing and give sworn testimony regarding the dispute, claim or controversy.

Written Submissions

The legal memorandum, position paper, case law, deposition transcript, witness statements, expert reports, photographs, bills, receipts, invoices, or any other written documentary evidence submitted by a party in support of its position.