Glossary

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  • Adjudication

    Adjudication is a form of ADR, (see below) normally more informal than arbitration. It involves an independent adjudicator who is forming a decision which does not have the same binding force as the decision of an arbitrator.

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  • Administrative Justice

    Administrative justice is the law that regulates decision-making by public authorities and the systems (such as various tribunals and ombudsmen) that enable people to challenge these decisions.

  • (After-the-Event) Insurance

    An insurance policy taken out by one of the litigation parties, after the event giving rise to litigation (for instance an injury).

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  • Aggravated Damages

    Damages calculated in the abstract, which are added to general damages. Their aim is to compensate for moral harm (e.g. injury to feelings), particularly if the wrongdoer's actions were motivated by malice.

  • Alternative Dispute Resolution / ADR

    Various out-of-court mechanisms for resolving disputes and providing redress.

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  • American Rule

    According to the American Rule, which is pre-dominantly in force in the United States, in civil litigation each party is responsible for paying its own attorney's fees, unless specific authority granted by statute or contract allows the assessment of those fees against the other party. As a general rule alsoin class actions, each party bears its own fees and costs, regardless of whether that party wins or loses.

  • Arbitration

    Arbitration is one form of ADR It has aspects in common with litigation and can be equally cumbersome. It is relatively formal, and it involves an independent third party (or a panel of independent individuals) agreed by the parties in dispute, who considers both sides of the dispute and makes a binding decision.

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