Non-adversarial definition

Non-adversarial means that the procedure should not be seen as a confrontation between the entities and not a trial.132 Dispute settlement is left to be performed through the means of Article 22: negotiation, arbitration or International Court’s of Justice services. The compliance mechanism should be a certain institutionalised platform for discussion between the parties on their compliance difficulties with a view to identify the problems and facilitate their solution. Therefore appropriate means and measures have to be developed. The procedures of the established mechanism should be designed and conducted in such way as to ensure transparency – “the quality or state of being clear and transparent”133, fairness – “conformity with rules or standards”, “ability to make judgments free from discrimination or dishonesty”134, expediency – “the quality of being suited to the end in view”135, the use of methods that are beneficial rather than fair or just and predictability – „a quality of being predictable, possible to foretell”.136
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Non-adversarial means working together co-operatively to reach the best resolution for everyone
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Related to Non-adversarial

  • Serious Adverse Event means any adverse event that led to any of the following:

  • Final Adverse Determination means an Adverse Determination involving a Covered Service that has been upheld by Blue Cross and Blue Shield or its designated utilization review organization, at the completion of Blue Cross and Blue Shield's internal grievance process procedures.

  • Protective proceeding means a proceeding under the provisions of part 4 of article V.

  • Adverse decision means a utilization review determination by the utilization review entity that a

  • Litigation as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the ▇▇▇▇▇▇▇’s financial condition.