Alternative Methods of Resolving Legal Disputes

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.

The arbitration method consists of the selection of an impartial third party called an arbitrator that will hear and decide on the dispute. In the case of AMF v. Brunswick the ruling was that the parties were required to seek arbitration for their dispute.

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).

According to Walsh (2013), “arbitration, is like a neutral third party (the arbitrator) functions more like a private judge. Arbitrators hear disputes and render decisions that are almost, always final and binding on the parties. Arbitration has, for decades, been the principal means of enforcing employee rights under collective bargaining agreements in unionized workplaces.”

Settlement of Cases: Employers/employees may resolve amongst themselves through: • Policies. • Procedures and processes. Dispute resolution method Purpose Advantage Disadvantages Mediation Mediation informal process where neutral third party assists conflicting parties. Mediator are presenting during process, thru the agreement between the parties.

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).

Mediation involves a third party mediator to resolve the dispute. The third party mediator is unbiased and uninterested. This individual usually is a trained professional in mediation and is aware of legal principles that may affect the case. Arbitration is a form of ADR that utilizes a third party decision maker to resolve a dispute; this individual is considered an arbitrator. Advantages of arbitration are the use of decision makers that have expertise in the subject matter. This can help prevent ill decisions by the use of a jury and ensure that the case is being reviewed by a knowledgeable professional. Another advantage of using arbitration is that the resolution both parties lose control of the resolution process. This portrays an act of fairness that can be lost in litigation. In addition, the low costs and privacy involved with using an arbitrator to settle a dispute will save both parties money and prevent the public from seeking information on the topic; thus potentially avoiding negative reception from the public once the settle is complete. The end goal of the parties involved in an alternative dispute resolution is that a settlement is agreed upon. A Settlement involves two parties in a legal dispute that work out their differences and enter into an agreement to resolve the situation. Depending on the circumstances, an agreement could involve monetary reward or simply an

Many individuals who have ongoing disputes feel that it is necessary to go through litigation to receive the resolution. However, it may be wise to choose an arbitration panel to hear your dispute in place of a judge. Arbitrators are typically credentialed professionals who may actually have more knowledge regarding the case than the average courtroom officials (Fallon & McConnell, 2007). Arbitration is also a more relaxed environment which allows for both parties to share their side with an impartial panel and find a solution that is agreeable to all parties. It can be favorable to both parties if there is room for negotiation.

Alternate Dispute Resolutions were developed in response to the expense and difficulty of bringing a lawsuit. Some examples of resolutions are; mediation, arbitration, negotiation, mini-trial, fact-finding and using a judicial referee (pg 59). Even though arbitration is the most common form of resolution, I believe mediation is the best way to reach a settlement for both parties while saving them time and money. This is of course depending on the case.

More formal dispute resolution solutions are also available, including mediation. With mediation, a neutral third party works with the injured party and the defendant to reach a negotiated settlement.

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:

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.

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.