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Internal Investigation- An
investigation is a procedure used by employers to
determine whether allegations of misconduct or inadequate
performance are justified. Normally, found in disciplinary
procedures, the investigation should include notice
to the alleged offender, a reasonable opportunity
to respond, reasonable timeliness, and impartiality
by the decision maker.
Grievance Procedure- An internal
procedure through which an employee can complain
and seek internal review of a decision, act or situation
that constitutes a violation of their contractual
and/or legal rights.
Peer Panel Review- An internal
procedure through which an employee can complain
or seek review of a management decision by a panel
comprised of the organizations employees and management.
Panels typically have limited power and authority
and the matters they can review are defined. They
normally cannot alter existing policy, rules or
conditions of employment.
Early Neutral Evaluation (ENE)
- An assessment of a dispute, usually conducted
at the beginning of a court-connected ADR process.
ENE helps parties and their legal counsel to determine
the strengths and weaknesses of their case through
neutral analysis. Designed to be used prior to significant
discovery.
Arbitration - Process in
which a neutral third party (arbitrator) hears arguments
from disputants, then issues a decision. Whether
court-annexed or private, this process tends to
be more formal and judicial than other ADR processes,
but less formal than a court procedure. Depending
on the situation, an arbitrator's decision can be
either binding by law or non-binding.
The exact nature of the process and decision is
usually prescribed before hand by court rule or
a contract.
Summary Jury Trial- The summary
jury trial is a non-binding ADR process used to
promote settlement in trial-ready cases headed for
protracted jury trials. Usually a judge or magistrate
judge presides over the SJT; occasionally, a neutral
attorney conducts the process. Part or all of a
complex dispute may be submitted to a summary jury
trial. After an abbreviated hearing in which counsel
present evidence in summary form, the jury renders
an advisory verdict. Non-binding, it becomes the
basis for subsequent settlement negotiations. If
the parties do not reach a settlement, the case
proceeds to trial.
Adjudication- Any of the
forms of dispute resolution in which the parties
to the dispute present proofs and arguments to a
neutral third party who has the power to deliver
a binding decision, generally based on objective
standards. The term subsumes arbitration and litigation.
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