Alternate Disputes Resolutions: Mediation and Arbitration

Intimidated is how most people feel when they think of filing a civil lawsuit; overcrowded court dockets added to the typical proceedings of litigation can add up to high costs in both time and finances. Once through the phases of Pre-trial and Trial the plaintiff may find themselves in Post-trial and possibly an Appellate Court adding to the emotional stress and possible financial loss. An option for a less informal process which could be considered over traditional lawsuits is known as alternative dispute resolution, ADR. ADR has become a popular way to settle cases and should be reviewed by Client and Attorney as a feasible option and one that should be considered when filing personal injury lawsuits.

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).

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

There are alternative way of resolving disputes out of the court trials, there are two main methods of alternative dispute resolution mediation and arbitration. These methods can we use to settle things out of court like beech of contract, workers compensation even divorces. They don't want to go to court because its expensive and its made public.

Alternate Dispute Resolution has many benefits serving as a legal substitute for resolving civil disputes. Most courts prefer the proceedings of an ADR as oppose to Litigation. In some counties, the option of ADR must be analyzed before attempting to initiate the proceedings of litigation. Most district courts along with appeal courts will oversee the courts, and will resolve the remaining disputes. Alternate Dispute Resolution is a large part of our legal system, which many citizens rely on to settle civil disputes. ADR has been a part of US legal history since the times of the colonies. Alternate Dispute Resolution, better known as (ADR) in the legal field, was first used in the late 1800’s. ADR was initially used, not to replace or

ADR which stands for alternative dispute resolution can be very effective and cheaper means of resolving disputes over litigation. Apparently not all situations will be advisable to apply ADR. A situation that I will employ ADR over litigation is a business circumstances that a supplier failed to meet up with his contract obligation. This supplier did not only delivery the products late, but also sent the wrong products. As a result, my company lost hundreds of thousands in cash benefit. Using ADR over litigation to settle this dispute will certainly pay off as both parties might come out victorious and continue with their business

Forced arbitration is chosen by companies because it benefits companies. People are frequently unaware that they’ve agreed to forced arbitration. Most Americans have accepted good or services or a job with forced arbitration as a condition. Forced arbitration severely limits consumer choices for breaking up a conflict. By forced arbitration if any problem comes up, you can’t amend that decision. The contract typically also names the arbitration company that must be used. Forced arbitration clauses generally bind the consumer and not the company. The way many forced arbitration clauses are written, the seller retains its rights to call for any complaint to court while the consumer can only initiate arbitration. Arbitration is a private system without a judge, jury or a right to an appeal. Arbitrators aren’t required to learn the law into account in arriving at their determinations. There is no appeal of decisions to ensure the arbitrator got it right.

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.

With all of these acts and statutes being passed, it seemed as though arbitration was the way to go. But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms of alternative dispute resolution such as mediation and neutral fact-finding became common.

It is regulated by the Commercial Arbitration Acts on a state and international level. Parties resolve through arbitration when negotiation, mediation or conciliation fail to provide the desired agreement or when a referral by a judge is made.

Arbitration is a form of alternative dispute resolution that aims to solve disputes outside the courts by a third party called arbitrators. The arbitrators review the case facts and evidence and gives out a verdict that is legally binding and therefore enforceable. Both parties agree beforehand to abide by the decision that the arbitrators

Alternative Dispute Resolution (ADR) is defined by the National Alternative Dispute Resolution Advisory Council (NADRAC) as ‘an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them’. There are six key processes involved in ADR, one of which is mediation. Mediation is one of the most common forms of alternative dispute resolution. In Australia, ADR is the predominant way of resolving disputes and which therefore signifies the importance of students studying this subject in their law degree. Furthermore it is argued that without a compulsory ADR subject, Universities are fundamentally failing to prepare law

“ To avoid or reduce these problems, businesses are increasingly turning to methods of alternative dispute resolution (ADR) and other aids to resolving disputes” (Chessman, 201 , p. 45-46). This method of dispute resolution is not costly and does not disrupt business as usual or life as usual. Arbitration is the commonly used form of ADR.

Alternative Dispute Resolution is an increasingly accepted option that allows people to resolve disputes outside of court in a helpful manner. ADR can be faster, cheaper and less stressful than going to court. Most essentially, the use of ADR can provide greater fulfillment with the way disputes are resolved.

Currently there is no particular ADR philosophy that can acknowledge that one specific approach can best suit the true spirit of ADR . Nevertheless, by taking a look at the main aim of ADR, one can establish whether there is one philosophy to ADR and to what extent does it go to. Some of the main aims of ADR are; the principle of solving a problem collectively, enabling of parties, avoiding delays and costs related to traditional litigation, conservation or improvement of personal relationships; mainly business related and simplifying procedures.