ADR drop-box assignment.
1)
ADR stands for Alternative Dispute Resolution. It is a way for parties to find a solution or a middle ground without the necessity of going to court with the help of a third party in most instances. 2)
ADR is very beneficial since it is very flexible and may even be contractual or not depending on the parties and their needs. 3)
Knowing the facts of the case I believe Mary could’ve benefitted from ADR since the doctor and the “beetle fly drug” bottle specifically said to take at night because the medication makes you drowsy. Joe Brown, the defendant, could benefit from ADR as well since he was speeding doing 50 in a 30 mile per hour zone. For how serious this situation is since Mary will need to see medical professionals for the rest of her life due to the accident, I believe arbitration would be the
best for this case because in arbitration the third party involved makes a decision that is usually legally binding. In mediation however, the parties come to an agreement themselves with the presence of a mediator. The mediator does not issue a binding decision, but the mediator may suggest solutions and evaluate the party’s positions. Mediation- In mediation, both Mary and Joe would have to agree that this process is the best for their case rather than court. If both agree, a third party would get involved. Mary and Joe would talk with the mediator present to attempt to reach a conclusion and the mediator would most likely talk to them separately. I don’t believe Mary and Joe would be able to reach a middle ground because of Mary taking a medication that makes her drowsy before she went rollerblading
and stopping at a green light and Joe since he was speeding. Arbitration- In arbitration Mary and Joe still sit down and discuss their case with a 3
rd
party, but this 3
rd
party will be making the final decision. Mary and Joe would explain the details of their case, the 3
rd
party acts as a private judge. I believe the 3
rd
party would come to the decision that Mary and Joe both need to take responsibility for the accident and go through insurance to get each other the help and medical attention they need.
