Alternate Disbure Resolution

More companies are turning to alternate dispute resolution (ADR) as an alterative to the judicial system for settling employee disputes. There are some clear advantages and disadvantages to ADR for both employers and employees. The best-designed ADR programs are those that are fair and impartial. A good ADR program should seek to find the best possible outcome for both parties while saving time and money and preserving relationships. The least effective ADR programs tend to be unfair and perpetuate the imbalance and bargaining power discrepancy frequently found in employer-employee relationships.

Beyond negotiation and mediation, there are a number of approaches that decrease the personal control the people involved have over the dispute outcome, increase the involvement of external decision makers, and rely increasingly on win-lose and either-or decision-making techniques. These approaches can be divided into public and private, and legal and extralegal.

Alternative dispute resolution is a highly effective instrument in resolving conflict and attaining justice for individuals in relation to resource efficiency and timeliness through utilising mediation, conciliation and arbitration. Mediation is an exceptionally efficacious informal process of dispute resolution, usually confidential and conducted with the assistance of an

Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also

After carefully considering the situation in both plaintiff (Eunice) and defendant (RFYL), arbitration should be an effective Alternative Dispute Resolution in

In civil cases, the plaintiff and the defendant usually try to find a settlement before going to trial. They have several opportunities to do so during the proceeding, starting with the demand letter from the plaintiff who informs the defendant of the allegations and damages. If no negotiations are possible, the plaintiff and the defendant will proceed further by preparing for trial. The plaintiff then files a complaint detailing his/her action and the defendant provides answers. Depositions (oral discovery) and interrogatories (written discovery) are led on both sides in order to find evidence. After the pretrial conference, the trial begins usually in the court with in personam jurisdiction based on the defendant's residency. At the end of the trial, after the closing arguments, the jury is given instructions before it goes for deliberations. Once the verdict is pronounced, the judgment (mostly monetary damages) is collected and finalizes the trial. Any time during the process, a settlement can still be found between the parties, especially during the pretrial conferences, in order to avoid the

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

In a situation where a dispute cannot be settled by the parties involved, there is a need for a middle man. Instead of going straight into litigation, disputants are given the opportunities to seek Alternative Dispute Resolutions. Alternative Dispute Resolutions are used widely around the in the United in place of litigation. There are many types of Alternative Dispute Resolution and Arbitration is one; however there are three types of arbitration: grievance arbitration, interest arbitration and arbitration of statutory disputes. Arbitration is often used in labor relations to solve issues that are under existing contracts. The focus of the paper is on interest arbitration. Interest arbitration is used when an issue is “not resolved in bargaining between the employer and the union, [the dispute will be] presented to an impartial arbitrator for final resolution” (“Learning about interest”, n.d.). Before arbitration, the disputants would negotiate on a contract and if neither of them would settle the “union would call a strike or the employer can implement its last offer” (Kersey& Sherk, 2007). They can call for a government appointed mediator after 90 days and submit a letter to arbitration after 30 days of mediation. The results of the settlement would last two years (Kersey& Sherk, 2007). If the either disputant is unsatisfied, they would have the option of litigation, if not, the arbitrations award is binding which leaves the, with no other choices.

     Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants;

In this essay the reader will be able to identify the legal disputes presented in the Litigation an Alternative Video. The paper will converse the difference between the traditional litigation system and the nontraditional forms of Alternative Dispute Resolutions (ADR) which will include the risks that a company may encounter should they proceed with traditional litigation, when nontraditional ligation is appropriate to practice to avoid those risk. Alternative disputes presented, such as arbitration, mediation and min-trial are compared to determine which form will be more beneficial to the company.

2) Why do alternative dispute resolution (ADR) experts emphasize the importance of Problem Solving approach in conflict resolutions? Are there weaknesses and/or short coming to this approach?

In the last 10/18 years a range of new dispute resolution procedures has become available

Parties may include alternate dispute resolution as a pre-condition to arbitration in a separate clause or as a part of the arbitration clause. The aim of including multistep dispute resolution is to allow party representatives to understand strengths of the opponent’s case and weaknesses of their own case to reach a compromise; however, a clear reference to arbitration must be made in case of failure of this approach . Many arbitral institutes now provide optional conciliation rules that may be incorporated by parties in their arbitration clause or as a separate clause . Parties must include time frames with flexibility of extension to prevent undue delay in cases where there is lack of genuine willingness to settle.

ADR is useful in resolving virtually all genres of disputes by providing speedier, enforceable decisions through Arbitration, Mediation, Early Neutral Evaluation and other hybrid mechanisms. The presence of cost-effective and predictable ADR mechanisms capable of resolving complex disputes help to bolster the confidence of litigants within the country and therefore stimulates trade and investment both internationally and locally.