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Inspection Arbitration Services (IAS)
The #1 choice of inspectors for effective, on-line, alternative dispute resolution
Glossary of Common Terms
IAS Process. An IAS (Inspection Arbitration Service) Process is a method for out-of-court resolution of conflict through the intervention of third parties. Mediation and arbitration are the two IAS processes that IAS uses
Arbitration is a process in which parties submit disputes to a neutral third person or persons for a decision on the merits. Each party has an opportunity to present evidence to the arbitrator's in writing or through witnesses. Arbitration proceedings tend to be more informal than court proceedings and adherence to judicial rules of evidence is not usually required. Arbitrators decide cases by issuing written decisions or "awards." An award may or may not be binding on the parties, depending on the agreement to arbitrate. A "binding" arbitration award may be enforced as a court judgment under the terms of federal or state statutes, but judicial review of arbitration awards is limited.
Awards are the decisions of arbitrators. Awards are made in writing
Claimants are filing parties, also known as plaintiffs
Consumer refers to an individual who purchases or leases goods or services, or contracts to purchase or lease goods or services, intended primarily for personal, family or household use
Counterclaims are counter-demands made by a respondent in his or her favor against a claimant
Defendants are respondents to the claim
Fact-finding is a process by which parties present the arguments and evidence to a neutral person, who then issues a non-binding report on the findings, usually recommending a basis for settlement
Hearing is a process, by which evidence is taken for the purpose of determining the facts of a dispute and reaching a decision based on that same evidence, and from statements made by the Parties involved
Mediation refers to a range of processes in which an impartial person helps parties to a dispute to communicate and to make voluntary, informed choices in an effort to resolve their dispute. A mediator, unlike an arbitrator, does not issue a decision regarding the merits of the dispute, but instead facilitates a dialogue between the parties with the view of helping them arrive at a mutually agreeable settlement
Mediation-arbitration employs a neutral selected to serve as both mediator and arbitrator in a dispute. It combines the voluntary techniques of persuasion, as in mediation, with an arbitrator’s authority to issue a final decision
Negotiation is a process in which disputants communicate their differences to one another through conference, discussion, and/ot the Internet, in an attempt to reach a mutually agreeable settlement
Parties are the disputants
Respondents are responding parties, also known as defendants
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