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dispute resolution (c) ALTERNATIVE DISPUTE RESOLUTION Alternative dispute resolution encompasses mediation, arbitration, facilitation, and other ways of resolving disputes focused on effective communication and negotiation, rather than using adversarial processes such as the courtroom Two basic types of alternative dispute resolution exist There are nonbinding methods, such as mediation, negotiation, or facilitation, which assist in reaching, but do not impose a resolution of the dispute There are also more binding methods, such as arbitration or adjudication, in which a neutral decision maker rules on the issues presented Combinations of these methods also exist Alternative dispute resolution is often used because it is the vehicle prescribed in an agreement or contract for the resolution of a dispute The US Constitution and most state constitutions provide for the right of trial by jury in most cases This right does not have to be exercised, and many cases are tried without a jury 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plaintiff Here, attorneys for the plaintiff and defendant will try to prove or disprove the nexus between the defendant s actions and some harm to the plaintiff (iii) Damages After presenting the evidence relating to the liability and causation issues, the parties next step in most cases is to prove damages Damages are one of a number of remedies that may be available to a prevailing plaintiff Other types of remedies include speci c performance (performance of the act that was promised), injunctions (an order by the court forbidding or restraining a party from doing an ct), and restitution (the return of goods, property, or money previously conveyed) Damages are the only type of remedy discussed in this chapter The general principle in awarding damages is to put the plaintiff in the same position it would have been in if its legal rights had not been transgressed There are three main categories of damages: compensatory, consequential, and punitive Compensatory damages compensate the 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