Alternative Dispute Resolution ("ADR") refers to methods of resolving disputes outside of court. The most common forms of ADR are arbitration and mediation.
Arbitration. An arbitrator conducts a hearing between the parties and then, acting as a judge, rends a legally binding decision.
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Award. Decision of an arbitrator which is enforceable in court.
Caucus. Meetings in which a mediator talks with the parties individually.
Claimants. The plaintiffs. The party or parties bringing the action.
Counterclaims. Claims by the defendant back against the plaintiff.
Declaratory Relief. A controversy where the plaintiff is in doubt as to his legal rights and seeks a declaration from the court regarding those rights.
Discovery Master/Referee. A neutral third party who assists in discovery disputes.
Injunctive Relief. An
order of the court prohibiting someone from doing something or
commanding them to undo some wrong or injury. Following are examples:
1. Prohibitory injunction: the court orders an owner to cease construction of a carport that violates the association's architectural standards.
2. Mandatory injunction: the court orders the removal of a carport that violates the association's architectural standards.
Internal Dispute Resolution. Procedures required by the Davis-Stirling Act for associations to resolve disputes internally.
Mediation. Mediation is an inexpensive alternative to litigation. In mediation a neutral third party works to facilitate a peaceful resolution between the parties.
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Parties. Claimants (plaintiffs) and respondents (defendants) in the case.
Respondents. Also known as defendants. The party being sued.
TRO. A
temporary restraining order ("TRO") is an emergency remedy of brief
duration which prevent a party from taking a particular action until
the court has had an opportunity to hear arguments or evidence on an
issue.
ASSISTANCE: Associations needing legal assistance can
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