Glossary

Alternative Dispute Resolution: The process, conducted either formally or informally yet always outside of a courtroom (either voluntarily, as a condition of a contract or as ordered by a court of law), in which two or more parties utilize neutral professionals to reach an amicable solution, a binding agreement or other resolve to a dispute.

Appraisal: The resolve of an insurance matter via Insurance Code 2071 appraisal provision. Similar to arbitration proceedings and governed by Title 9 of the California Code of Civil Procedure, appraisals are so called by contractual language.

Arbitration: The formal hearing and resolution of a dispute by an impartial professional selected or agreed upon by the parties concerned. Typically required contractually, the resulting Award is final, binding and non-appealable.

Award: The written decision of the Arbitrator or Umpire.

Case Facilitator: An AMCC employee assigned to facilitate Mediations and Arbitrations to their conclusion, including Mediator/Arbitrator selection, scheduling, billing and communications.

Claimants: The filing party in a dispute, also known as the Plaintiffs.

Conciliation: A private, voluntary process in which the parties appoint a neutral third party professional to investigate the dispute and provide a non-binding report of recommendations for resolve.

Counterclaims: A claim made in opposition to an existing Mediation or Arbitration.

Dispute Review Board: A one or three person board of alternative dispute resolution professionals contractually appointed to resolve disputes presented by the Owner, Contractor or other stakeholder on a designated construction project.

Hearing: The scheduled meeting of the parties and Arbitrator(s) for the purpose of taking evidence and testimony to reach the resolve of the dispute and, ultimately, an Award rendered by the Arbitrator.

Insurance Code 2071: Section of the California Insurance Code that states the appraisal provision of Insurance policies.

Mediation: The informal meeting of disputing parties with a professional mediator to resolve conflict.

Mediation-Arbitration: (med-arb): Form of ADR that combines the collaboration of mediation with the authority of arbitration.

Mini-trial: The presentation of facts and issues of a dispute before a panel of selected representatives and a neutral professional. The purpose of the mini-trial is to clearly define the issues and nature of a dispute in order to facilitate the resolve.

Moderated Settlement Conference: All parties, their representatives and an impartial advisor meet in an informal attempt to negotiate a settlement.

Neutral Evaluation: Similar to Conciliation, a third party neutral provides a candid assessment of the strengths and weaknesses of a case and attempts to narrow the issues in a dispute.

Parties: Those persons or entities in dispute. When these disputants are represented by legal counsel, the counsel will then be treated as the party.

Project Neutral: A single neutral alternative dispute resolution professional contractually appointed to assist in the resolve disputes presented by the Owner, Contractor or other stakeholder on a designated construction project.

Respondents: The responding party in a dispute, also known as defendants.

Umpire: The third party neutral appraiser in an Insurance Code 2071 Appraisal of Insurance Claim.

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