Alternative Dispute Resolution (ADR):
1. ADR is a term that refers to several different methods of resolving disputes outside traditional legal and administrative forums.
2. Informal way of resolving dispute rather than the usual litigation system GNAAP: Ghana National Association of ADR Practitioners; a regulatory body of ADR professionals in Ghana. Dispute resolution clause: Clause referring future disputes to arbitration, mediation or other form of dispute resolution process; Arbitration: A process similar to an informal trial where an impartial third party hears each side of a dispute and issues a decision; the parties may agree to have the decision be binding or non-binding.
Binding and Non-Binding:
A binding decision is a ruling that the parties must abide be whether or not they agree with it; a non-binding decision is a ruling that the parties may choose to ignore
An impartial person given the power to resolve a dispute by hearing each side and coming to decision.
A proceeding in which evidence and arguments are presented, usually to a decision maker who will issue ruling Mediation: A collaborative process where a mediator works with the parties to come to a mutually agreeable solution.
A third party neutral appointment by parties to facilitate a mediation process
This is the rule which says that a matter or case which has been previously settled in final form by a court of law is conclusive and prevents further action on the same matter or case.
An ex parte communication is a communication with one party only, i.e., without the opposing party to the case being present. In most situations, ex parte communication between a decision maker (e.g., judge, arbitrator, etc.) and one party to the case is impermissible.
To toll a statute is to temporarily suspend the counting of time for purposes of that statute. For example, if one has 1 year in which to file a certain cause of action, but that time period is tolled while a party is actively engaged in the armed services, a party might spend several years in the army and still be able to file the claim.
Precedent refers to a decision by a court which establishes a rule of law which must be followed by other courts. The Supreme Court of the United States is the only court whose decisions establish precedent for every other court in the nation. Circuit Court decisions establish precedent, and are therefore binding, for the District Courts within their jurisdictions. State court decisions are never binding outside of their state. A decision which does not serve as precedent for another court may nonetheless be persuasive to that other court.
Writ of Certiorari:
A writ is court order. When a party applies for a writ of certiorari from the Supreme Court, that party is asking the court to review its case on appeal. If the certiorari is granted, the Court hears the case, otherwise certiorari is denied (by far the more common result – the Court hears only a small fraction of the cases submitted to it each year).
A contract which is so outrageous or immoral that it shocks the sensibilities of the courts.
An action in which a representative plaintiff sues or a representative defendant is sued on behalf of a class of plaintiffs or defendants who have the same interests in the litigation as their representative, and whose rights or liabilities can be more efficiently determined as a group than in a series of individual suits.