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Expert # 11,714   Aso Agreements Expert St. Petersburg, Florida
President and CEO for United Healthcare in Chicago, Partner at Ernst & Young and Director of Managed Care consulting, CEO Summit Insurance, CEO CNA Health plans,   
Aso Agreements   Aso Agreements Expert
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ADJUDICATION, MEDIATION / CONCILIATION

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision or judgment which determines rights and obligations between the parties involved.

Mediation, in a broad sense, comprises an act of bringing two states, sides or parties closer or together. This article discusses the communication sense of the term. Separate articles, cultural and biological, treat of other senses of mediation.

Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term mediation covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.

Mediation applies to different fields, with some common peculiar elements and some differences for each of its specialties. The main fields of mediation include commerce, legal disputes and diplomacy, but forms of mediation appear in other fields as well. Mediation in marriage technically belongs in the category, although it has followed its own peculiar history since the times of ancient Greeks: compare marriage counselling.

AFFIRMATIVE ACTION

Affirmative action (U.S. English), or positive discrimination (British English), is a policy or a program aimed at increasing the representation of members of groups that have traditionally been discriminated against. This typically focuses on education, employment, government contracting, health care, or social welfare.

ARBITRATION / MEDIATION

Arbitration is a form of mediation or conciliation, where the mediating party is given power by the disputant parties to settle the dispute by making a finding. In practice arbitration is generally used as a substitute for judicial systems, particularly when the judicial processes are viewed as too slow, expensive or biased. Arbitration is also used by communities which lack formal law, as a substitute for formal law. Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.

AUCTIONS AND E-COMMERCE

An auction is the process of buying and selling things by offering them up for bid, taking bids, and then selling the item to the highest bidder. Auctioning can be traced as far back as 500 B.C.[1] In economic theory, an auction is a method for determining the value of a commodity that has an undetermined or variable price. Auctions can be with reserve or minimum, or without minimums, or absolute or no reserve. In reserve auctions, there is a minimum bid or reserve price; if the bidding does not reach the minimum, there is no sale (but the person who puts the item up for auction may still owe a fee to the auctioneer or auction company). In absolute or no reserve auctions, the sale is guaranteed, with only the price left to be determined. In the context of auctions, a bid is an offered price.

BANK COMPLIANCE

Compliance requirements are a series of directives established by United States federal government agencies that summarize hundreds of federal laws and regulations applicable to Federal assistance. Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. A bank is an institution that provides financial service, particularly taking deposits and extending credit.

BANKING

A bank is an institution that provides financial service, particularly taking deposits and extending credit.

BANKING REGULATION

Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. A bank is an institution that provides financial service, particularly taking deposits and extending credit.

BREACH OF CONTRACT

Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other partys performance.

BUILDING INSPECTION

Construction and building inspectors examine buildings, highways and streets, sewer and water systems, dams, bridges, and other structures to ensure that their construction, alteration, or repair complies with building codes and ordinances, zoning regulations, and contract specifications. Building codes and standards are the primary means by which building construction is regulated in the United States for the health and safety of the general public. National model building codes are published by the International Code Council (ICC), although many localities have additional ordinances and codes that modify or add to the National model codes. To monitor compliance with regulations, inspectors make an initial inspection during the first phase of construction and follow up with further inspections throughout the construction project. However, no inspection is ever exactly the same. In areas where certain types of severe weather or natural disasters—such as earthquakes or hurricanes—are more common, inspectors monitor compliance with additional safety regulations designed to protect structures and occupants during those events.

CHECK KITING

Check kiting is any sort of fraud that involves drawing out money from a bank account that does not have sufficient funds to cover the check. It is typically achieved by taking advantage of the float, the time between the negotiation of the check and its clearance at the check-writer's bank. This fraud is also known as paper hanging and carries a heavier pejorative connotation. Before the passage of the Check Clearing for the 21st Century Act, when checks could take 3 or more days to clear, playing the float was fairly common practice in otherwise-honest low-income families who encountered emergencies right before payday.

CIVIL RIGHTS - EQUAL RIGHTS

Civil rights are the protections and privileges of personal liberty given to all citizens by law. Civil rights are distinguished from "human rights" or "natural rights"; civil rights are rights that are bestowed by nations on those within their territorial boundaries, while natural or human rights are rights that many scholars claim ought to belong to all people. For example, the philosopher John Locke (1632-1704) argued that the natural rights of life, liberty, and property should be converted into civil rights and protected by the sovereign state as an aspect of the social contract. Others have argued that people acquire rights as an inalienable gift from a god or at a time of nature before governments were formed.

CONSUMER MARKETING

Find CONSUMER MARKETING experts and consultants for CONSUMER MARKETING litigation support. Available to be CONSUMER MARKETING expert witnesses and provide CONSUMER MARKETING forensic consulting in CONSUMER MARKETING litigation, in addition prepare CONSUMER MARKETING expert witness reports for use in deposition and/or in-court trial testimony.

CONTRACT & MISC. SURETY

A surety is a person who agrees to be responsible for the debt or obligation of another. The situation in which a surety is most typically required is when the ability of the primary obligor or principal to perform its obligations under a contract is in question, or when there is some public or private interest which requires protection from the consequences of the principal's default or delinquency. In most common law jurisdictions, a contract of suretyship is subject to the statute of frauds (or its equivalent local laws) and is only enforceable if memorialized by a writing signed by the surety.

A surety bond is a contract between at least three parties: (i) the principal, (ii) the obligee, and (iii) the surety. Through this agreement, the surety agrees to make the obligee whole (usually by payment of money) if the principal defaults in its performance of its promise to the obligee. The contract is formed so as to induce the obligee to contract with the principal, i.e., to demonstrate the credibility of the principal.

CONTRACTS - INTERPRETATION

A contract is a promis or an agreement that is enforced or recognized by the law. In the civil law, contracts are considered to be part of the general law of obligations. This article describes the law relating to contracts in common law jurisdictions.

Contract theory comprises many different theories and various interpretations of the various body of rules and subrules that define Contract Law.

Classical contract theory is the set of ideas and assumptions that underpinned the development of contract law in England and the United States during the 19th century. During this period, the prevailing liberal individualist philosophy of laissez faire elevated contract to a position of central importance in the law.

COPYRIGHT - GENERAL

Copyright is a set of exclusive rights granted by governments to regulate the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. The symbol for copyright is ©.

CREDIT

Credit as a financial term, used in such terms as credit card, refers to the granting of a loan and the creation of debt. Any movement of financial capital is normally quite dependent on credit, which in turn is dependent on the reputation or creditworthiness of the entity which takes responsibility for the funds.

DATA COLOCATION CENTER

A colocation center ("colo") or carrier hotel is a type of data center where [a] multiple telecommunications or network service providers locate their connections adjacent at the physical layer to each other's networks (points of presence) and [b] users of these services locate network, server and storage gear and interconnect to network service provider(s) with a minimum of cost and complexity.

DISCRIMINATION

To discriminate socially is to make a distinction between people on the basis of class or category without regard to individual merit. Examples include racial, religious, sexual, disability, ethnic and age-related discrimination. Some distinctions between people which are based just on individual merit (such as personal appearance) are not discriminatory.

EMPLOYMENT

Employment is a contract between two parties, one being the employer and the other being the employee. In a commercial setting, the employer conceives of a productive activity, generally with the intention of creating profits, and the employee contributes labour to the enterprise, usually in return for payment of wages.

ENGINEERING - CIVIL

In modern usage, civil engineering is a broad field of engineering that deals with the planning, construction, and maintenance of fixed structures, or public works, as they are related to earth, water, or civilization and their processes. Most civil engineering today deals with roads, structures, water supply, sewer, flood control and traffic. In essence, civil engineering is a profession which makes the world a more habitable place to live.

ESCROW

Escrow is a legal arrangement in which an asset (often money, but sometimes other property such as art, a deed of title, website, or software source code) is delivered to a third party (called an escrow agent) to be held in trust pending a contingency or the fulfillment of a condition or conditions in a contract such as payment of a purchase price. Upon that event occurring, the escrow agent will deliver the asset to the proper recipient, otherwise the escrow agent is bound by his or her fiduciary duty to maintain the escrow account.

FOREX - FOREIGN CURRANCY TRADING

The foreign exchange (currency or forex) market exists wherever one currency is traded for another. It is by far the largest market in the world, in terms of cash value traded, and includes trading between large banks, central banks, currency speculators, multinational corporations, governments, and other financial markets and institutions. Retail traders (small speculators) are a small part of this market, and may only participate indirectly through brokers or banks.

FRANCHISING

Experts in all phases of franchisor-franchisee relationships, disputes, conformance to standards, agreements, sales supervision, training manuals, management and workplace practices, encroachment, individual and multi-area franchises.

HEALTH CARE MANAGEMENT

Managed care is a synonym for PPO, HMO, MCO, and POS. >p> Managed care is a concept in U.S. health care which rose to dominance during the presidency of Ronald Reagan as a means to control Medicare payouts. As a major Medicare claims administrator, the Blue Cross-Blue Shield insurance firm was a major architect of managed care. It spread fairly quickly to the health insurance industry in the private sector.

HOTEL / HOSPITALITY

Find HOTEL / HOSPITALITY experts and consultants for HOTEL / HOSPITALITY litigation support. Available to be HOTEL / HOSPITALITY expert witnesses and provide HOTEL / HOSPITALITY forensic consulting in HOTEL / HOSPITALITY litigation, in addition prepare HOTEL / HOSPITALITY expert witness reports for use in deposition and/or in-court trial testimony.

INFORMATION SYSTEMS

As an area of study it is commonly referred to as information technology management. The study of information systems is usually a commerce and business administration discipline, and frequently involves software engineering, but also distinguishes itself by concentrating on the integration of computer systems with the aims of the organization. The area of study should not be confused with computer science which is more theoretical in nature and deals mainly with software creation, or computer engineering, which focuses more on the design of computer hardware.

INFORMED CONSENT

Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of any actions. The individual needs to be in possession of all of his faculties, such as not mentally retarded or mentally ill, without an impairment of judgment at the time of consenting. Impairments include sleep, illness, intoxication, drunkenness, using drugs or other health problems. Some acts cannot legally take place because of a lack of informed consent. In other cases, consent of someone on behalf of a person, not considered able to have informed consent, is valid. Examples of this include the parents or legal guardians of a child and caregivers for the mentally ill.

INSURANCE - GENERAL

General insurance policies, including automobile and homeowners policies, provide payments depending on the loss from a particular financial event. General insurance typically comprises any insurance that is not determined to be life insurance, and is called property and casualty insurance in the U.S..

In the UK, General insurance is broadly divided into three areas; personal lines, commercial lines and London market.

The London market insures with large commercial risks, for example insuring supermarkets, football players and other very specific risks.

Commercial lines products are usually designed for relatively small legal entities. These would include workers comp (employers liability), public liability, product liability, commercial fleet and other general insurance products sold in a relatively standard fashion to many organisations.

Personal lines products are designed to be sold in large quantities. This would include autos (private car), homeowners (household), pet insurance, creditor insurance and others.

INTELLECTUAL PROPERTY - ANALYSIS

In law, intellectual property (IP) is a broad entitlement extending the concept of property beyond its materialist definitions to include information, ideas, and other intangible assets in their expressed form. Depending on jurisdiction, IP rights generally enable the holder to exercise exclusive rights over the the subject matter (or "work") of the IP using copyright, patent, trademark, industrial design right and similar legal protections. The term reinforces that such works are the product of the mind or intellect and that any rights may be protected at law in the same way as any other form of property.

INTELLECTUAL PROPERTY - LICENSING

In law, intellectual property (IP) is a broad entitlement extending the concept of property beyond its materialist definitions to include information, ideas, and other intangible assets in their expressed form. Depending on jurisdiction, IP rights generally enable the holder to exercise exclusive rights over the the subject matter (or "work") of the IP using copyright, patent, trademark, industrial design right and similar legal protections. The term reinforces that such works are the product of the mind or intellect and that any rights may be protected at law in the same way as any other form of property.

INTERNATIONAL TRADE

International trade is the exchange of goods and services across international boundaries or territories. In most countries, it represents a significant share of GDP. While international trade has been present throughout much of history (see Silk Road, Amber Road), its economic, social, and political importance has been on the rise in recent centuries. Industrialization, advanced transportation, globalization, multinational corporations, and outsourcing are all having a major impact. Increasing international trade is the usually primary meaning of "globalization".

INTERNET

The Internet, or simply the Net, is the publicly accessible worldwide system of interconnected computer networks that transmit data by packet switching using a standardized Internet Protocol (IP). It is made up of thousands of smaller commercial, academic, domestic, and government networks. It carries various information and services, such as electronic mail, online chat, and the interlinked Web pages and other documents of the World Wide Web.

ISO 9000

ISO 9000 is an ISO standard for Quality Management Systems. ISO 9000 was developed from the British Standards Institution's BS 5750. The ISO 9000 standard is maintained by ISO (the International Organization for Standardization) and administered by accreditation and certification bodies. It is widely used in manufacturing, although high costs and difficulties with implementation have led to many companies using alternatives such as IC9700, or IC9200, both of which are issued by the International Charter, or their own specific in-house 'standard'. Some countries re-label ISO 9000 as a national standard. (e.g. IR 9000 in Iran). It should be emphasised that ISO 9000 does not guarantee the quality of the end products - rather, it certifies that the correct manufacturing process is being carried out.

LABOR RELATION

The field of labor relations looks at the relationship between management and workers, particularly groups of workers represented by a labor union. Labor relations is an important factor in analyzing "varieties of capitalism", such as neocorporatism (or corporatism), social democracy, and neoliberalism (or liberalism). Labor relations can take place on many levels, such as the "shop-floor", the regional level, and the national level. The distribution of power amongst these levels can greatly shape the way an economy functions.

LAW ENFORCEMENT STANDARDS / PRACTICES

In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or Attorney at Law, barrister, solicitor or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of independent paralegals are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be drafted by computer assisted drafting libraries, where the clients are asked a series of questions posed by the software in order to construct the legal documents.

LEGAL PRACTICES, FEES

Attorney's fees or attorneys' fees are the costs of legal representation that an attorney's client or a party to a lawsuit incurs. Attorney's fees are assessed in a number of ways, usually set by contract in advance of the representation, including by billable hours, flat fees, or contingent fees. Attorneys who voluntarily accept work on behalf of indigent clients often work pro bono. An upfront fee paid to a lawyer is called a retainer. Money within the retainer is often used to "buy" a certain amount of work. Some contracts provide that when the money from the retainer is gone, the fee is renegotiated.

LICENSING

A license or licence is a document, contract or agreement giving permission for an individual or entity to do something (such as manufacture a product), or to apply something (such as a trademark), with the objective of commercial gain. Typically, the party giving the permission is referred to as the 'licensor' and the party receiving the licence as 'licencee' or Licensee. The licensor typically offers the license for a specified period of time. Both the Licensor and the Licensee have obligations which may be expressed in the body of the agreement or is expressed in general law.

LINGUISTIC ANALYSIS

Linguistics is the scientific study of human language, and someone who engages in this study is called a linguist.

LIQUIFIED NATURAL GAS - LNG

Liquefied natural gas or LNG is natural gas that has been processed to remove impurities and heavy hydrocarbons and then condensed into a liquid at atmospheric pressure by cooling it to approximately -163 degrees Celsius. LNG is transported by specially designed vessels and stored in specially designed tanks. LNG is about 1/600th the volume of natural gas at standard temperature and pressure (STP), making it much more cost-efficient to transport over long distances where pipelines do not exist. Where moving natural gas by pipelines is not possible or economical, it can be transported by LNG vessels, where the most common tank types are membrane(prismatic) or Moss Rosenberg(spheres).

MALPRACTICE, LEGAL

As the population of lawyers grows, the number of legal malpractice cases will also increase at the same rate. Statistics indicate that the number of legal malpractice cases is increasing at a rate greater than the growth of the legal industry. The reasons for this discrepancy include increased consumerism, higher client expectations, better educated clients, the need for more specialized legal skills, and the growth in similar fields of litigation.