GKA Reporting Group

An examination for discovery is an important part of almost every civil lawsuit. It is not a trial but rather a pre-trial process at which lawyers for each of the parties questions other parties or their employees, under oath, about the matters involved in the lawsuit. The questions and answers are taken down by a reporter and later, if necessary, can be produced as a written transcript. Examination for discovery is one of procedures established by the rules of court (known as "Rules of Civil Procedure") for helping each party find out about the other side's case in the lawsuit. It is hoped that this will promote settlement of differences and save expensive trial time.

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Depositions are a part of the discovery process in which litigants gather information in preparation for trial. Some jurisdictions recognize an affidavit as a form of deposition, sometimes called a "deposition upon written questions".

A hearing is generally distinguished from a trial in that it is usually shorter and often less formal. In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, that will determine how the trial proceeds. Limited evidence and testimony may also be presented in hearings to supplement the legal arguments.

A form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons, by whose decision (the "award") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts.

Tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.

Mediation, as used.

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