5-502. Definitions.
5-502
5-502. Definitions.
As used in the dispute resolution act:
(a) "Registered programs" and "registered individuals" refer to those
programs and individuals who have registered with the director of dispute
resolution and are eligible to apply for public funding or approval from the
director of dispute resolution;
(b) "approval" means
the program or individual has applied for inclusion on a list of programs and
individuals and has been found to have met the requirements and guidelines to
be considered for the receipt of public funding or to be recommended to the
court
as 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 parties
involved in a dispute voluntarily agree or are referred or ordered by a
court to enter
into discussion and
negotiation with the assistance of a neutral person;
(f) "mediation" means the intervention into a dispute by a third party who
has no decision making authority, is impartial to the issues being
discussed, assists the parties in defining the issues in dispute, facilitates
communication between the parties and assists the parties in reaching
resolution;
(g) "arbitration" means a proceeding in which a neutral person or
panel hears a formal case presentation and makes an award, which can be binding
or nonbinding upon the parties relative to a prior agreement;
(h) "neutral evaluation" means a proceeding conducted by a neutral person
who helps facilitate settlement of a case by giving the parties to the dispute
an evaluation of the case;
(i) "summary jury trial" means a formal case presentation to a jury and
judge which results in a nonbinding decision;
(j) "mini trial" means a formal case presentation to a party representative
and an expert neutral person who makes a nonbinding decision;
(k) "settlement" means a proceeding in which someone other than the
presiding judge assists the parties in reaching a resolution;
(l) "conciliation" means a proceeding in which a neutral person assists the
parties in reconciliation efforts;
(m) "neutral person" or "neutral" means the impartial third party who
intervenes in a dispute at the request of the parties or the court in order to
help facilitate settlement or resolution of a dispute.
History: L. 1994, ch. 217, § 2;
L. 1996, ch. 140, § 2; July 1.