Alternative Dispute Resolution And The Different Types Of It

Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Arbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited.

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

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).

Alternative dispute resolution (ADR) is the term used to describe the resolution of disputes inside or outside the legal system, without formal adjudication. It includes arbitration, mediation, conciliation and negotiation. There are problems associated with going to court. These include the adversarial process used to find a winner and loser, which often creates stress for, and increases the division between litigants. The advantages associated with the use of ADR have prompted a debate whether Parliament should make it compulsory for all litigants to first use ADR before they go to court to seek solutions to their differences.

Alternative dispute resolution is a procedure settling disputes without litigation by the assistant from the 3rd party. This resolution include negotiation, arbitration, mediation and ombudsmen .The ADR are increasingly being utilized in disputes that would otherwise result in litigation, including high profile labour disputes, divorce actions, and personal injury claims.

Arbitration. Arbitration is the process where a neutral person (arbitrator) first hears out agreements and evidence from both parties and then decides the outcome. The ADR is significant in solving disputes between worker’s union and employers (Radulescu, 2012).

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.

ADR “is an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve issues between them,” and includes processes such as mediation, negotiation, evaluation, case appraisal and arbitration. Provided that such processes are appropriate for the case, ADR processes can provide a range of benefits to potential litigants, including greater affordability than litigation if an outcome is mutually agreed and adhered to. The use of ADR is further encouraged in the Civil Dispute Resolution Act 2011 (Vic). This object of this act is “to ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted”. Examples of “genuine steps” taken by the persons involved in the dispute are outlined in s 4 (1)(d) and includes: “Considering whether the dispute could be resolved by a process facilitated by another person, including an alternative dispute resolution process”. As such, it is not recommended that litigation be completely ignored as a method of resolving disputes but

Alternative dispute resolution is by no means a recently adopted form of dispute resolution. Courts now yield a vast number alternative dispute resolution alternatives, with even some courts requiring that cases be taken to mediation before the court will allow the litigation process to begin. In many facets of industry, alternative dispute resolutions are much preferred alternatives to the litigation process. For example, the construction industry

Arbitration: another type of “alternative dispute resolution” in which a third party acts like a judge and listens to both sides, then decides on a legally binding settlement.

Arbitration: This is an argumentative proceeding in which the parties choose an arbitrator or neutral third party to resolve the dispute. The process is less formal than the court room proceeding.

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 is when officials will recommend that an employee or the firm go before a panel that will deal with complaints and customer related issues. Any kind of rulings are considered to be final, with all participants agreeing to abide by these decisions. This is designed to reduce the costs and time associated with litigating these issues. (Greene, 2005)

     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;

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.