5-502. Definitions.
5-502
5-502. Definitions.As used in the dispute resolution act:
(a) "Registered programs" and "registered individuals" refer to thoseprograms and individuals who have registered with the director of disputeresolution and are eligible to apply for public funding or approval from thedirector of dispute resolution;
(b) "approval" meansthe program or individual has applied for inclusion on a list of programs andindividuals and has been found to have met the requirements and guidelines tobe considered for the receipt of public funding or to be recommended to thecourtas an approved service provider.
(c) "council" means the advisory council on dispute resolution;
(d) "director" means the director of dispute resolution;
(e) "dispute resolution" means a process by which the partiesinvolved in a dispute voluntarily agree or are referred or ordered by acourt to enterinto discussion andnegotiation with the assistance of a neutral person;
(f) "mediation" means the intervention into a dispute by a third party whohas no decision making authority, is impartial to the issues beingdiscussed, assists the parties in defining the issues in dispute, facilitatescommunication between the parties and assists the parties in reachingresolution;
(g) "arbitration" means a proceeding in which a neutral person orpanel hears a formal case presentation and makes an award, which can be bindingor nonbinding upon the parties relative to a prior agreement;
(h) "neutral evaluation" means a proceeding conducted by a neutral personwho helps facilitate settlement of a case by giving the parties to the disputean evaluation of the case;
(i) "summary jury trial" means a formal case presentation to a jury andjudge which results in a nonbinding decision;
(j) "mini trial" means a formal case presentation to a party representativeand an expert neutral person who makes a nonbinding decision;
(k) "settlement" means a proceeding in which someone other than thepresiding judge assists the parties in reaching a resolution;
(l) "conciliation" means a proceeding in which a neutral person assists theparties in reconciliation efforts;
(m) "neutral person" or "neutral" means the impartial third party whointervenes in a dispute at the request of the parties or the court in order tohelp facilitate settlement or resolution of a dispute.
History: L. 1994, ch. 217, § 2;L. 1996, ch. 140, § 2; July 1.