Alternative Dispute Resolution. RESEARCH ASSIGNMENT

William Fong borrowed Phillip Chang's IBM laptop computer to finish a major report he had for geography. On the way to return it to his friend, he accidentally dropped it on the pavement causing $1000 in damages. William agreed to pay him for the repairs. Two months have gone by and Phillip still has not received the money to repair it.

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

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).

Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dis­pute without the involvement of a third party. This is

What is conflict? Even something as basic as a universal definition for the word conflict seems to vary from source to source. A literature review focusing on conflict defined it as “the interaction of interdependent people who perceive incompatibility and the possibility of interference from others as a result of this incompatibility” (Brinkert 2010). Often times the disagreement results not from a concrete difference, but rather a difference in perception (Ellis & Abbott 2012). One of the most important factors effecting conflict management is the resolution style used. The most often used tool for classifying how conflict is managed is the Thomas-Kilmann Conflict Mode Instrument (Iglesias & Vallejo 2012).

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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.

Conflict is “an expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce resources, and interference from others in achieving their goals” (Hocker, 1991). There are two basic types of conflicts: substantive and emotional. According to Schermerhorn et.al., substantive conflict is a fundamental disagreement over ends or goals to be pursued and the means for their

Jack and Jill, residents of Orlando, FL, had a nasty incident involving a hill, some water and a broken crown, in which both parties got hurt. Jack and Jill ended up suing each other in Florida state court. After a few months of nasty motion practice, Jill comes to your office and tells you that she's heard of this wonderful thing called mediation, under which she and Jack could be helped to reach a settlement. She has a few questions for you about mediation, all under Florida law:

It’s hard to believe the NBA Finals will commence a week from tomorrow. With that said, I think it is a good time to examine each team’s biggest priority heading into the offseason. These priorities range from addressing a specific positional need to acquiring a specific player.

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.

This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of this essay is not that mediation is inappropriately used to settle

Conflict is defined as the behaviour due to which people differ in their feelings, thought and/or actions. Collins (1995) states that the conflict is a ‘serious disagreement and argument about something important’ and also as ‘a serious difference between two or more beliefs, ideas or interests’ (cf. Kumaraswamy, 1997, p. 96). In general it is believed that conflicts are the underlying cause of disputes. In other words, dispute is a manifestation of the deep rooted conflict. A dispute is defined as ‘a class or kind of conflict, which manifests itself in distinct, justifiable issues. It involves disagreement over issues capable of resolution by negotiation, mediation or third party adjudication’

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.

 "Effective conflict resolution requires dealing constructively with disagreements rather than pushing them under the rug, letting them break into open warfare, or attempting to eliminate them completely.  Successful resolution of a conflict may include the following: accurate diagnosis of the nature and source of the conflict, a clear understanding of how each party is contributing to the conflict, skills and processes for defining alternatives, constructively negotiating outcomes, and creatively developing win-win resolutions" (Hagberg Consulting Group, 1).