What Is Arbitration And How Does It Work? Arbitration is an out-of-court method for resolving a dispute between a worker and an employer. Arbitration takes place in front of a neutral decision-maker called an “arbitrator” (or in some cases, a group or “panel” of arbitrators) who will listen to each side and make a decision
What Is An Informal Mediation? Mediation is an informal, confidential and voluntary process in which a neutral third party(s) assists disputing parties in reaching a resolution. Why is mediation informal? The mediation process is flexible and more informal. There is greater opportunity for interaction between the mediator, you and the other party. You may arrive
What Happens After Lawsuit Is Filed? After the lawsuit is filed, the Defendant is sent a copy of the lawsuit and required to prepare a written response to be filed with the Court within a certain number of days (sometimes up to 90 days). … However, most cases are not dismissed at this early state
What Does ADR Mean In Legal Terms? The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation. Is ADR legally binding? Some ADR schemes are legally binding. This means
What Is The Fastest Growing Method Of Dispute Resolution In The United States? Mediation is the fastest growing method of ADR. Mediation is a process in which an impartial third party, the mediator, assists the parties in considering options for settlement of their dispute. What is the simplest form of dispute resolution? ADR is any
What Is The Appeals Process With Respect To IRS Examinations? In FSLG, the Letter 950 is generally used to propose adjustments to employment taxes. It states that to request a conference with an appeals officer, the taxpayer will need to file either a small case request or a formal written protest with the contact person
What Is The False Claims Act And How Does It Apply To The Healthcare Setting? The False Claim Act is a federal law that makes it a crime for any person or organization to knowingly make a false record or file a false claim regarding any federal health care program, which includes any plan or
What Is The Difference Between Claim Preclusion And Issue Preclusion? Claim preclusion bars litigation of all issues that were or could have been litigated in the original action under the original claim, while issue preclusion resolves only those issues that were actually litigated. What rule is issue preclusion? Issue preclusion, also called collateral estoppel, means
What Is The Burden Of Proof In A Civil Lawsuit? In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence. A “preponderance of the evidence” and “beyond a reasonable doubt” are different standards, requiring different amounts of proof. What is the burden of proof in a civil
What Is The Effect Of The Arbitration Clause In Regards To The Action Brought By The EEOC? alleging that Business Corp. discriminated against Victor in violation of the Americans with Disabilities Act. What is the effect of the arbitration clause in regards to the action brought by the EEOC? The arbitration clause is not binding