Alternate Dispute Resolution. Procedures by which disputes can be resolved other than litigation. For example settlements, mediation, binding or non-binding arbitration.
Arbitration
A form of Alternate Dispute Resolution (ADR) in which disputes are decided via private arbitrators rather than the via the court system.
Voluntary arbitration of disputes between unions and employers pursuant to terms negotiated by equally qualified participants 2
Mandatory Arbitration
The requirement to sign an arbitration agreement as a condition to employment or receiving good or services. Typically without the ability to opt-out.
Mitsubishi trilogy
A series of three court cases (#1,#2,#3) allowing for arbitration of statutory claims.
Pre-Dispute Arbitration Agreement
The contract specifying that the parties agree to use arbitration for future disputes.
Post-Dispute Arbitration Agreement
Agreement to use arbitration of a specific claim after an incident occurs.
Separability principle
An arbitration clause is treated as a separate agreement to the contract containing it. An agreement to arbitrate may not be nullified by a void main contract.