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can conduct an Independent Investigation into the technical facts and Issues <br />ADJUDICATIVE PROCESSES <br />In Adjudicative Processes, a third party neutral is brought in to hear and consider facts and/or <br />arguments presented by the plaintiff and defendant, and to render a reasoned binding decision <br />or solution based upon an agreed upon standard of legality or fairness, The neutral's role Is to <br />issue a solution for the parties, not to help them reach an agreed-upon solution to their dispute, <br />Arbitration, long used as an alternative to litigation in commercial disputes and labor disputes, <br />offers less formal procedures, abbreviated presentations and the undivided attention of the <br />neutral(s). The arbitrator(s): <br />establishes the ground rules governing an arbitration in the period immediately following the <br />initiation of the arbitration to ensure an expeditious, cost-effective and fair process <br />rules on discovery requests and disputes <br />determines whether to apply rules of evidence and to what degree <br />hears expert witnesses and cross examinations <br />■ reviews briefs, documents and other exhibits <br />entertains argument by counsel before rendering a decision <br />administers arbitration according to the JAMS Rules and Procedures for Arbitrations <br />Bracketed Arbitration ("high -low") occurs when the parties structure an agreement to "bracket" <br />or limit the possible range of outcomes. The parties may agree that the arbitrator: <br />will decide only the Issue of liability with predetermined sums to be paid by the defendant or <br />plaintiff accordingly <br />delivers a verdict on liability and damages while agreeing in advance on minimum and <br />maximum payment sums <br />is not told the bracketed range, in effect creating "blind bracketed" arbitration <br />