Litigation, Adr And / Or Criminal Prosecution

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

* Given a business situation, evaluate the various options for resolving a business dispute from a legal perspective and develop an optimal course of action to resolve the dispute.

The use of the court system can result in time and high costs. Some litigation take years to resolve and cost thousands or more in legal fees and related expenses. Alternative dispute resolution (ADR) methods are a non-judicial dispute resolution where disputes are resolved outside of the courts. The major forms of ADR are arbitration, negotiation, mediation, and mini-trial.

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

created for the Harvard Negotiation Project by Bruce M. Patton, based on an idea from the American Arbitration Association. Copies of the original

Alternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. [Most importantly, the use of ADR can provide greater satisfaction with the way disputes are resolved. ADR has been gradually evolving within the Fresno Superior Court for the past several years. In 1999 the Court recognized a need for greater public access to dispute resolution for cases and established an ADR Department. This

We were given three different case scenarios and to determine the best method of legal action whether it was going to be litigation, ADR or Criminal prosecution.

Alternative dispute resolution is a large, diverse, and highly innovative field. However, in Australia it remains largely under utilised and often idiosyncratic. Alternative dispute resolution is commonly understood as any method of resolving disputes outside of traditional adjudication. Some well known methods of alternative dispute resolution include mediation, arbitration, and negotiation. Online dispute resolution is a newer, less well known method of alternate dispute resolution. Over the last decade in Australia, online dispute resolution has grown in popularity.

As litigation continues to be a time-wasting, costly, distracted, and unsatisfactory practice for dispute resolution, alternative dispute resolution increases in popularity, specifically, mediation and arbitration. Arbitration is a cost efficient substitute to litigation that is the yielding of a dispute to an impartial party in order to receive a final incumbent decision in the form of an award. Arbitration is sensitive, classified, and modeled to be a swift, and inexpensive solution to dispute. Participating parties may include additional terms in the agreement identifying arrangements to their agreements’ arbitration clauses to meet the requirements of their discrete dispute. In summation, arbitration is process that is private, speedy, cost efficient, and customized to the liking of the parties involved.

Another important objective of ADR is that it is an important tool in improving access to justice for all . However, what justice means in different ADR contexts may differ . One possible explanation for the divergence of views on justice and ethics in ADR practice is the fact that practitioners come from different professional backgrounds and disciplines and also use a range of processes .

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.

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.

From this brief history of ADR provisions, it is easy to see the widespread acceptance of ADR in more recent times compared to the hostility that courts expressed toward it early on. The trend of acceptance spread, and in May of 1986, forty-five states had enacted statutes similar to the second Uniform Arbitration Act, enforcing agreements to arbitrate future disputes.

In the last 10/18 years a range of new dispute resolution procedures has become available

This is where ADR comes in as a useful alternative to litigation or better still a supplement to it.