Dictionary of Terms
The following definitions are general
in nature and are to be used only in relation to the clarification of certain
words or terms that are used in the information, forms and documents that
appear on the Real Estate Arbitration website and in the Christian Arbitration and Mediation Rules and Procedures. Many of the legal documents,
forms and agreements that you have already signed may contain their own
definitions as to the language they contain and should be used in conjunction
with those documents according to the rules and procedures of the dispute
resolution proceeding.
ADJUDICATION: The legal process
of resolving a dispute; the process of judicially deciding a case.
ARBITRATION ACT: Any state or federal
statute that governs the arbitration processthat may be followed in the
jurisdiction in which the arbitration shall be conducted if the applicable
contract specifying the arbitration doesn’t state specific rules or statutes
to be followed.
ARBITRATION CLAUSE: A contractual
provision of a contract, agreement or other document that specifies binding
arbitration, non-binding arbitration or med-arb as the dispute mechanism
to settle any dispute relating to the contract, addendums to the contract,
change orders or any other change to the primary contract.
ARBITRATION DEMAND: (Demand for Arbitration)
is a written notice by one party to another party of the first party’s
intent to initiate the arbitration process.
ARBITRATOR: A neutral person who
conducts an arbitration proceeding or participates on a panel of neutral
persons who conduct a tripartite panel arbitration proceeding. An
advocacy or selected arbitrator may represent one of the parties on a tripartite
panel and may not be considered a neutral.
AWARD: The final decision of the
arbitrator(s) at the conclusion of an arbitration procedure.
CASE-IN-CHIEF: The part of an arbitration
hearing when a party presents evidence to support its claim or defense.
CIRCUMSTANTIAL EVIDENCE: Evidence
based on inference and not on personal knowledge or observation that does
not directly prove a fact but gives rise to a presumption that a fact does
exist.
CLAIM: A request for a remedy to
a given situation including but not limited to: a request for payment,
a request for the correction of a construction defect(s), an interpretation
of the provision(s) of a construction contract or related documents, a
release from the provisions of a construction contract, a request for damages,
a request for equitable remedy for breach of performance, a claim for the
recovery of specific personal property wrongfully taken or detained and
other related issues for which a party feels they have a claim.
CLAIMANT: The primary party in an
arbitration who brings charges against another party (the respondent) and
initiates the arbitration process; the one who asserts their right or demand
for arbitration.
COUNTERCLAIM: A claim for relief
asserted against an opposing party (claimant) after an original claim has
been made; a defendant’s (respondent’s) claim in opposition to or as a
setoff against the claimant’s original claim.
DECLARANT: A person who has made
a statement or signed a declaration of a statement.
DEPOSITION: Testimony of a witness
that is reduced to writing and taken prior to an arbitration hearing.
It is admissible during the arbitration hearing as if the witness was present.
It must be pre-authorized by the arbitrator.
DISCLOSURE: The act or process whereby
the arbitrator makes known to all parties, their attorneys and/or their
representatives, any pertinent information concerning any previous relationships
or interests that the arbitrator may have that could potentially affect
the neutrality of that arbitrator. This obligation to disclose pertinent
interests or relationships is a continuing duty of the arbitrator during
the entire arbitration process.
DISCOVERY: The process of looking
for information that is either previously known or unknown. Discovery
usually involves but is not limited to the following procedures:
admission of documents or plans, interrogatories, witness or specialist
testimony, depositions, and other requests for the introduction of relevant
information, documents or materials.
EXHIBITS: Tangible objects, documents,
photographs, audiotapes and videotapes, and other items offered for the
arbitrator’s consideration. In an arbitration hearing, the exhibits
enhance or supplement the testimony of the parties, their attorneys or
their representatives or witnesses or specialists.
EX PARTE COMMUNICATION: A generally
prohibited communication between a party and/or their attorney or representative
and the arbitrator when the opposing party, their attorney and/or their
representative is not participating in the communication. Ex parte
(private) communications are usually only allowed concerning administrative
or procedural matters.
Terms Continued |
