Argument Resolution : Alternative Dispute Resolution

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

Alternative Dispute Resolution is an alternative process to typical civil litigation which involves the use of a neutral party to help resolve cases. ADR provides mediators, arbitrators, neutral evaluators or an opportunity for a settlement conference.

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).

ADR is used to settle arguments outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. Court systems are getting busier and busier, and court dockets are bloated with frivolous, time-wasting, cases that can be arbitrated outside of the court. Courts are known for not being very efficient and usually come with copious amounts of delays. Rising costs of litigation continue to be a detriment to litigants. So with these shortcomings becoming common knowledge within some states, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory (n.a., 2015). Within ADR, the two most common methods are arbitration and mediation while negotiation is almost always attempted first to resolve a

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

With mediation, both sides are heard equally and fairly. These stories are heard more than once and a solution is determined that is agreed by both parties so that each party leaves happy with the outcome. A common goal is key and helps both sides figure out what the right thing is. The mediator will continue to state ideas and will make decisions based on there reaction and responses. Mediation helps solve problems that have accumulated between both parties and in result will help mend the relationship that was once broken, rather than in court where a winner and loser is decided and one person is not satisfied, this can lead to even more disputes in the future. Mediation encourages a mutual agreement so more disputes do not

Mediation: An “alternative dispute resolution” that has a mediator negotiate the disputes of the plaintiff and defendant to help them reach an agreement; the mediator does not have the authority to enforce a settlement.

Alternate dispute resolution, as its name implies, offers an alternative to traditional civil litigation. The time and cost to bring a traditional civil case to trial are enormous. Alternate dispute resolution offers a more efficient settlement of disputes both in terms of time and money and has other benefits.

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

Dispute resolution is a term that refers to a number of procedures that can be used to settle a claim. Conflict resolution procedures are alternatives to receiving a court resolve the dispute in a trial. People often have to compensate a large fee just to start the arbitration procedure. If they are able to make an in-person audience, people sometimes have to travel thousands of miles on their own money to attend the arbitration. In the final stage, the loser often pays the company’s legal fees.

     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;

Another benefit to alternative dispute resolution strategies is the cost savings. If the couple were to seek litigation it would take much longer and would require expensive legal costs. According to McDowell and Sussman (2004) “ADR processes are designed to be faster, more streamlined, and more informal than litigation. Many of the costly procedures associated with formal court processes, such as filing appeals and motions can be eliminated”.

There is a growing interest in the use of alternative dispute resolution (ADR) for certain scenarios instead of litigation. Of course ADR cannot replace formal processes, but it can be applied in situations that would prove more beneficial than in the court system. For example, the use of family dispute resolution (FDR) in family conflicts whereby the conflict involves children. There is legislation that requires these disputes to undergo FDR with a legitimate effort of dispute resolution before they can file for parenting orders in court (Attorney-General’s Department, n.d.). It also includes situations where individuals want to change a current parent order. There are however exceptions to this law where cases are involved with child

In both arbitration and mediation there is an impartial third party. In arbitration, there tends to be more than one arbitrator. In arbitration, there is a “panel of multiple arbitrators” (“Mediation”, 2015), where one arbitrator is chosen by each side. Afterwards, the two arbitrators then “select a third” (“Mediation”, 2015) to complete the panel. The panel’s role in arbitration involves coming to decision after hearing parties “testify under oath” (“Comparison”, 2015) and examining the evidence presented. Unlike arbitration, mediators help both parties with the “discussion and eventual resolution” (“Mediation”, 2015) of their conflict and case. In a mediation, both parties select a mediator to help create more understanding, which tends to be a less formal process than that of an arbitration.

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.