Arbitration Glossary
Note: Definitions below provide information about the use of a given term in the arbitration context instead of any more general meanings or other specific meanings that the term may have in other contexts. Please click on the word to see the definition.
Consumer Arbitration Terms
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A continuance or delay of a case for a specific period of time.
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A written statement of a person who asserts the statement to be true under penalty of perjury or who makes the statement under oath before a notary public or other authorized individual.
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A way to resolve disputes outside of the traditional state or federal court systems. Arbitration and mediation are two widely used ADR processes.
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The written reply to a claim by the respondent. Also see "Response."
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A widely used method of alternative dispute resolution in which two or more parties submit their dispute to an independent arbitrator (or panel of arbitrators), who then considers the evidence, applies the relevant law, and issues a decision.
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An independent, third-party organization that manages and administers the arbitration proceeding, including the appointment of an arbitrator.
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The contract or clause within a contract in which two or more parties agree, before entering into a contract, to resolve any dispute that may arise between them in arbitration as opposed to resolving the dispute in the court system.
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A neutral third-party individual – often a former judge or experienced lawyer – assigned to hear and decide an arbitration case.
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Someone legally qualified to prosecute and defend actions in court on behalf of a client or clients, and to advise a client or clients on legal matters. Parties in arbitration or in court typically have the right to be represented by an attorney. Also known as "Counsel" or "Representation."
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The decision issued by an arbitrator in an arbitration proceeding resolving the dispute between the parties, similar to a judgment in a court proceeding.
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One type of alternative dispute resolution in which two or more parties submit a dispute to an independent arbitrator and agree in advance to comply with the arbitrator’s decision. The majority of arbitration proceedings are binding, and arbitration agreements mentioning arbitration are typically presumed to call for binding rather than non-binding arbitration.
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A demand for money or other relief in a dispute, a claim must be filed to begin litigation or arbitration proceedings.
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The party who filed and made the arbitration claim.
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To convert an arbitration award into an enforceable judgment, the prevailing party must seek judicial confirmation of the award. Most court jurisdictions make available summary legal procedures through which parties can seek to confirm an award.
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A binding, legally enforceable agreement between two or more parties to do, or refrain from doing, something, including the exchange of products and services for money.
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An attorney who advises and represents a party in arbitration proceedings. Also see "Representative."
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A claim filed against a claimant. Once a party has filed a claim, the opposing party may then file a counterclaim.
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A claim by a respondent against a co-respondent or by a claimant against a co-claimant.
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The amount of money awarded to a successful plaintiff or claimant in a civil action or arbitration proceeding.
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In court, if one party does not respond to a claim, the other party may often request a favorable judgment based exclusively on their opponent’s failure to respond. This is not always the case in arbitration.
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See "Document Hearing."
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The case has been closed, and the party who filed the initial claim cannot bring the claim again against the respondent.
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The case has been closed, and the party who filed the initial claim can bring the claim again against the respondent.
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An arbitration hearing in which the parties present their arguments and evidence to the arbitrator in writing. In arbitration, parties can decide to have a hearing in-person, via telephone, or simply by submitting documents/evidence to the assigned arbitrator. Also commonly called a "Desk Hearing."
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Delivering a statement of a claim or dispute, or other pleadings, to be kept on file as a matter of record and reference.
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A term used to describe a consumer who meets the United States Federal poverty standards or other standards that may be established by an arbitration administrator.
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An order from a judge or arbitrator that either prohibits a party from a particular activity or compels the party to perform a particular activity. An injunction can "enjoin" or "restrain" a party from doing something.
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An arbitration hearing in which the parties and an arbitrator meet in an office/conference room, etc., and present evidence in person. In arbitration, parties can typically decide to have a hearing in-person, via telephone, or simply by submitting documents/evidence to the assigned arbitrator. Also commonly called a "Participatory Hearing."
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A formal decision given by a court.
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See "Litigation."
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A legal claim against a piece of land or other property for payment of a debt, obligation, or duty.
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The mechanism for resolving legal disputes through the state or federal court system. Also commonly called a "lawsuit."
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One type of alternative dispute resolution in which two or more parties are required to submit a dispute to arbitration, and not litigation.
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A widely used type of alternative dispute resolution in which an impartial person (the mediator) helps two or more parties settle a dispute by reaching an agreement together. In mediation – as opposed to arbitration – the mediator does not decide the outcome.
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An independent third-party person who helps two or more parties reach agreement in a mediation proceeding.
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An independent third-party person who participates in dispute resolution activities between two or more parties. Also see "Arbitrator" or "Mediator."
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Arbitration where the arbitration award does not provide final and binding resolution to the dispute between the parties. Non-binding arbitration is rarer in practice than binding arbitration.
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Notification received in the mail by a party against whom a claim has been filed.
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Language contained in many arbitration agreements which allows consumers to reject the arbitration agreement within an allotted timeframe while still agreeing to the remaining terms of the contract.
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A roster or listing of candidate arbitrators who may be selected to serve as an arbitrator in any particular case. Also, a description of a group of arbitrators (most often three in number) selected to hear and decide a particular case.
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See "In-Person Hearing."
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A person or organization making a claim or responding to a claim in a legal proceeding such as arbitration.
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Perjury laws in many jurisdictions make it a crime to knowingly lie after taking an oath to tell the truth, such as when testifying or communicating in legal matters.
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An affidavit stating how and where service was made.
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The person or party against whom a claim is made - the person or party who responds to a claim.
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Someone who submits a document or makes a statement on behalf of a party in a dispute.
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Delivery of the claim or other pleadings in order to give legal notice to the parties named in a court or arbitration proceeding.
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A case delay for a period of time, sometimes indefinitely.
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Generally, a command from a court or arbitrator to appear at a given time and place to provide testimony or other evidence in a legal proceeding.
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An arbitration hearing in which the parties have the opportunity to tell the arbitrator about their case during a telephone call. The telephone call often takes place after both parties have submitted documents/evidence for the arbitrator to consider. In arbitration, parties can decide to have a hearing in-person, via telephone, or simply by submitting documents/evidence to the assigned arbitrator.
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A claim made by an individual or entity who does not have a direct connection with a legal transaction but who might be affected by it.
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A new trial or retrial during which the entire case is retried as if no trial had ever occurred in the first place. Trial de Novo may be available to parties after the conclusion of a non-binding arbitration proceeding.
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A claim for an unknown or undisclosed amount of money or other relief.
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To nullify or overturn an arbitration award. A losing party in an arbitration proceeding can attempt to have a court "vacate" the award under standards laid out in the applicable state or federal arbitration law.
Adjournment: A continuance or delay of a case for a specific period of time.
Affidavit: A written statement of a person who asserts the statement to be true under penalty of perjury or who makes the statement under oath before a notary public or other authorized individual.
Alternative Dispute Resolution (ADR): A way to resolve disputes outside of the traditional state or federal court systems. Arbitration and mediation are two widely used ADR processes.
Answer: The written reply to a claim by the respondent. Also see “Response.”
Arbitration: A widely used method of alternative dispute resolution in which two or more parties submit their dispute to an independent arbitrator (or panel of arbitrators), who then considers the evidence, applies the relevant law, and issues a decision.
Arbitration Administrator: An independent, third-party organization that manages and administers the arbitration proceeding, including the appointment of an arbitrator.
Arbitration Agreement: The contract or clause within a contract in which two or more parties agree, before entering into a contract, to resolve any dispute that may arise between them in arbitration as opposed to resolving the dispute in the court system.
Arbitrator: A neutral third-party individual – often a former judge or experienced lawyer – assigned to hear and decide an arbitration case.
Attorney (at law): Someone legally qualified to prosecute and defend actions in court on behalf of a client or clients, and to advise a client or clients on legal matters. Parties in arbitration or in court typically have the right to be represented by an attorney. Also known as “Counsel” or “Representation.”
Award: The decision issued by an arbitrator in an arbitration proceeding resolving the dispute between the parties, similar to a judgment in a court proceeding.
Binding Arbitration: One type of alternative dispute resolution in which two or more parties submit a dispute to an independent arbitrator and agree in advance to comply with the arbitrator’s decision. The majority of arbitration proceedings are binding, and arbitration agreements mentioning arbitration are typically presumed to call for binding rather than non-binding arbitration.
Claim: A demand for money or other relief in a dispute, a claim must be filed to begin litigation or arbitration proceedings.
Claimant: The party who filed and made the arbitration claim.
Confirm: To convert an arbitration award into an enforceable judgment, the prevailing party must seek judicial confirmation of the award. Most court jurisdictions make available summary legal procedures through which parties can seek to confirm an award.
Contract: A binding, legally enforceable agreement between two or more parties to do, or refrain from doing, something, including the exchange of products and services for money.
Counsel: An attorney who advises and represents a party in arbitration proceedings. Also see “Representative.”
Counterclaim: A claim filed against a claimant. Once a party has filed a claim, the opposing party may then file a counterclaim.
Cross-Claim: A claim by a respondent against a co-respondent or by a claimant against a co-claimant.
Damages: The amount of money awarded to a successful plaintiff or claimant in a civil action or arbitration proceeding.
Default Judgment: In court, if one party does not respond to a claim, the other party may often request a favorable judgment based exclusively on their opponent’s failure to respond. This is not always the case in arbitration.
Desk Hearing: See “Document Hearing.”
Dismissed with Prejudice: The case has been closed, and the party who filed the initial claim cannot bring the claim again against the respondent.
Dismissed without Prejudice: The case has been closed, and the party who filed the initial claim can bring the claim again against the respondent.
Document Hearing: An arbitration hearing in which the parties present their arguments and evidence to the arbitrator in writing. In arbitration, parties can decide to have a hearing in-person, via telephone, or simply by submitting documents/evidence to the assigned arbitrator. Also commonly called a “Desk Hearing.”
Filing: Delivering a statement of a claim or dispute, or other pleadings, to be kept on file as a matter of record and reference.
Indigent: A term used to describe a consumer who meets the United States Federal poverty standards or other standards that may be established by an arbitration administrator.
Injunction: An order from a judge or arbitrator that either prohibits a party from a particular activity or compels the party to perform a particular activity. An injunction can “enjoin” or “restrain” a party from doing something.
In-Person Hearing: An arbitration hearing in which the parties and an arbitrator meet in an office/conference room, etc., and present evidence in person. In arbitration, parties can typically decide to have a hearing in-person, via telephone, or simply by submitting documents/evidence to the assigned arbitrator. Also commonly called a “Participatory Hearing.”
Judgment: A formal decision given by a court.
Lawsuit: See “Litigation.”
Lien: A legal claim against a piece of land or other property for payment of a debt, obligation, or duty.
Litigation: The mechanism for resolving legal disputes through the state or federal court system. Also commonly called a “lawsuit.”
Mandatory Arbitration: One type of alternative dispute resolution in which two or more parties are required to submit a dispute to arbitration, and not litigation.
Mediation: A widely used type of alternative dispute resolution in which an impartial person (the mediator) helps two or more parties settle a dispute by reaching an agreement together. In mediation – as opposed to arbitration – the mediator does not decide the outcome.
Mediator: An independent third-party person who helps two or more parties reach agreement in a mediation proceeding.
Neutral: An independent third-party person who participates in dispute resolution activities between two or more parties. Also see “Arbitrator” or “Mediator.”
Non-Binding Arbitration: Arbitration where the arbitration award does not provide final and binding resolution to the dispute between the parties. Non-binding arbitration is rarer in practice than binding arbitration.
Notice of Arbitration: Notification received in the mail by a party against whom a claim has been filed.
Opt-Out Clause: Language contained in many arbitration agreements which allows consumers to reject the arbitration agreement within an allotted timeframe while still agreeing to the remaining terms of the contract.
Panel: A roster or listing of candidate arbitrators who may be selected to serve as an arbitrator in any particular case. Also, a description of a group of arbitrators (most often three in number) selected to hear and decide a particular case.
Participatory Hearing: See “In-Person Hearing.”
Party: A person or organization making a claim or responding to a claim in a legal proceeding such as arbitration.
Penalty of Perjury: Perjury laws in many jurisdictions make it a crime to knowingly lie after taking an oath to tell the truth, such as when testifying or communicating in legal matters.
Proof of Service: An affidavit stating how and where service was made.
Respondent: The person or party against whom a claim is made - the person or party who responds to a claim.
Representative: Someone who submits a document or makes a statement on behalf of a party in a dispute.
Service: Delivery of the claim or other pleadings in order to give legal notice to the parties named in a court or arbitration proceeding.
Stay: A case delay for a period of time, sometimes indefinitely.
Subpoena: Generally, a command from a court or arbitrator to appear at a given time and place to provide testimony or other evidence in a legal proceeding.
Telephone Hearing: An arbitration hearing in which the parties have the opportunity to tell the arbitrator about their case during a telephone call. The telephone call often takes place after both parties have submitted documents/evidence for the arbitrator to consider. In arbitration, parties can decide to have a hearing in-person, via telephone, or simply by submitting documents/evidence to the assigned arbitrator.
Third-Party Claim: A claim made by an individual or entity who does not have a direct connection with a legal transaction but who might be affected by it.
Trial de Novo: A new trial or retrial during which the entire case is retried as if no trial had ever occurred in the first place. Trial de Novo may be available to parties after the conclusion of a non-binding arbitration proceeding.
Unspecified Damages: A claim for an unknown or undisclosed amount of money or other relief.
Vacate: To nullify or overturn an arbitration award. A losing party in an arbitration proceeding can attempt to have a court “vacate” the award under standards laid out in the applicable state or federal arbitration law.