Advantages And Disadvantages Of Alternative Dispute Resolution

It is promoted as an avenue to resolve disputes efficiently. Arbitration avoids hostility. Parties in arbitration are more likely than not to work peacefully rather than inflate malice against each other. It is a much cheaper option to litigation, especially when the arbitrator chosen is a non-lawyer. It is conducted in a much quicker process, saving much time and stress on both parties in the long run. Scheduling for arbitration is flexible, and can be decided on by the parties rather than fitting in a schedule convenient for the courts. Rules of evidence and procedure are much more simple and lenient. Most importantly, arbitration is handled privately, with no information being released to the public unlike court

Negotiation, mediation, and arbitration are all forms of Alternative Dispute Resolution (ADR) that are alternatives that organizations use to avoid litigation in court.  According to Valenti Law, negotiation and mediation are forms of non-binding ADR, while arbitration is a binding ADR (2011).  Since arbitration is a binding ADR, the arbitrator’s decisions are legally binding and cannot be challenged by either party in the arbitration.  “There are limited grounds for challenging the decision” (Valenti Law, 2011).

Case evaluation is one of the two primary Alternative Dispute Resolutions (ADR) that Michigan uses (Campbell 4). ADR is used to resolve disputes without having a trial.

Donna Driver unintentionally ran a red light, and caused a car accident with Vic Victim. Vic sustained severe injuries. Donna’s auto insurance policy with Gekko has liability coverage limit of $100,000.00. Vic’s medical bills alone run close to that, and there’s also his loss of work and pain & suffering to be taken into account. Vic wants to settle the entire case for $100,000.00, and Donna pleads with Gekko to do so since it is obvious that he could recover more than that based on the facts of this case. Gekko tells her that they will only offer $50,000.00, and if it’s not accepted, they will take their chances at trial.

I believe firmly that the alternative dispute system  is the future of the legal system for several reasons, but I don't feel that it is more attractive.  Of course the ADR system will help with lowering cost and have higher efficiency, but does it have the structure and order of the court civil litigation system.  In the ADR system, arbitrators or mediators don't have to be licensed and because of that, I as a plaintiff or defendant would wonder how fair or impartial these persons or individuals can be. People have less confidence in a normal person that does not have some type of  license than a judge sitting on a bench.  Although there are different types of ADR's such as the summary jury trial, mini-trials, and rent-a judge, the process

Arbitration has some disadvantages. In an arbitration2 decision, there is a win-loose, not a win-win concept (Burgess, Burgess, 1998). Arbitration suggests that the parties cannot resolve conflict and have to look to an outside source. In arbitration2, it is adversarial and there is no approach to finding interests of both sides, rejecting a collaboration effort (Burgess, Burgess, 1998).

Ombudsman are independent office holders who investigate and rule on complaints from members of the public about maladministration in government and, in particular, services in both the public and private sectors. Some ombudsman use me3diation as part of their dispute resolution procedure. The powers of ombudsman vary. Most ombudsman are able to make recommendations, only a few can make decisions which are enforceable through the courts.

Alternative Dispute Resolution, or 'ADR ' is the phrase used to describe the different methods of ways to resolve legal disputes outside of the court system. There are many advantages and disadvantages to it, and they come in many different forms in England and Wales. These include administrative tribunals, arbitration, mediation, adjudication, conciliation, negotiation, expert determination and the ombudsmen services.

The Atlanta Braves negotiated into an agreement that was never put into writing with a pitcher named Greg. The agreement was that Greg would pitch for the team for five (5) years for twenty-five thousand dollars ($25,000.00). A day prior to the season beginning, the Savannah Savages, another team, offer Greg twenty-six thousand dollars ($26,000.00). Greg immediately accepts the Savages ' offer. The Braves therefore sued Greg for a breach of contract and agreed to arbitrate.

Increased use of mediation on workplace conflicts as an alternative dispute resolution (ADR) method leads to researches into efficacy of this method in different sectors. While many professional and practical research works conducted by professional bodies, there is paucity of academic works (Bollen and Euwema, 2013). With this specification of the area, Bennett’s research on the workplace mediation efficacy for higher education (HE) sector is regarded as a contribution to academic knowledge base. Bennett researches into workplace mediation process as an alternative dispute resolution method for higher education (HE) sector. Characteristics of mediation process at HE sector and reasons for conflicts were argued based on the reports of the

When considering mediation as a form of alternative dispute resolution (ADR), there are several advantages relative to other forms of (ADR) such as courts and arbitration. Mediation is the process where a neutral party facilitates the negotiation between two opposing parties to help resolve the problem out side of the court system. The advantages of using mediation are as follows: it is a rapid low cost process, the parties (not a judge) decides the outcome, and the process is without risk (non-binding agreement). Meaning if both parties cannot reach an agreement that is a mutually satisfactory outcome, they can then resort to litigation. Mediation is the simplest form of ADR, where the negotiation process is conducted with a single mediator who does not judge the case but simply helps facilitate the discussion in the hopes of reaching a resolution suitable for both parties. Subsequently, if mediation does not work and both parties leave mediation someone else will make the decision for them either an arbitrator or a judge. In doing so, both parties will be giving up their decision making power. Arbitration results in a win-lose decision made by the third party that oversees the process and the decision made is final and a binding agreement. Litigation is a costly, prolonged, emotionally draining, unpredictable, and results in a win-lose decision made by a judge.

A dispute arises wherever the needs of two or more parties are not being met. Individual personality, comparison of possession of resources, diverse value system background, differentiated expectations, natural intrinsic greed and self- centeredness of human beings, respectively or collectively, contributes the production of disputes. Normally, people incline to adopting a genial and private approach to address the dispute with the consideration of comity. However, when situation gets ugly, litigation seldom be left whenever the parties have exhausted other resolutions or directly pursue a seemingly absolute just and definite result.

Another type of alternative dispute resolution appropriate for the case is a private trial. Private trials consist of an individual who is hired as a third party to resolved disputes as a legally binding judgement. Due to Novelty Now Inc. and Donald Margolin operating in different states they are unable to bring the case to their prioritized state court. If Donald is able to convince his state court to extend a long arm jurisdiction, he can attempt to bring the case into private matters and perhaps settle them without showing the damages to his face. He may also be able to decrease his court fees by asking Novelty Now Inc. to temporarily reside in his state while matters are resolved. The advantages of private trials are more control over the process of the case and high awareness of the facts at hand. Private trials can also decrease court fees by allowing for a more convenient meeting place for both parties. The disadvantages of private trials are the potential to misuse critical information that may hurt an individual’s case and a potential increase in cost if the settled location is not convenient.

In straightforward words, Alternative Dispute Resolution is a method for settling debate without receiving formal legitimate strategy of courts. The increasing expense of suit is making conventional techniques illogical for people, corporate area and merchants. In the meantime, polite courts confront multiplied of cases, bringing about postponements for private gatherings to have their cases heard by a Court. In this way, unique style of procedures has been advanced with the changing needs of the general public and they are demonstrating time and cash sparing and also advantageous for the partners.

Arbitration is one of the many methods of resolving disputes and the same is always based on the agreement between the parties to the dispute. This concept is essential to the understanding of the nature and being of arbitration. Though arbitration is something that is founded on a contract, it is affected both by national legislations and international conventions.