Litigation vs. Alternative Dispute Resolution: Benefits and Detriments for Both Sides

It is promoted as an avenue to resolve disputes efficiently. Arbitration avoids hostility. Parties in arbitration are more likely than not to work peacefully rather than inflate malice against each other. It is a much cheaper option to litigation, especially when the arbitrator chosen is a non-lawyer. It is conducted in a much quicker process, saving much time and stress on both parties in the long run. Scheduling for arbitration is flexible, and can be decided on by the parties rather than fitting in a schedule convenient for the courts. Rules of evidence and procedure are much more simple and lenient. Most importantly, arbitration is handled privately, with no information being released to the public unlike court

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).

Ombudsman are independent office holders who investigate and rule on complaints from members of the public about maladministration in government and, in particular, services in both the public and private sectors. Some ombudsman use me3diation as part of their dispute resolution procedure. The powers of ombudsman vary. Most ombudsman are able to make recommendations, only a few can make decisions which are enforceable through the courts.

The litigation is the formal and conventional way in dispute resolution over the centuries of time. Courts are traditional, recognizable forums in which litigation is adjudicated (Kennedy and Richards, 2004). Even though there are number of methods available outside the court system litigation is still act a major role in dispute resolution as the conventional method.

In this report I will be reflecting on the group’s oral presentation a on a topic in Business law, “What is ADR (Alternative Dispute Resolution) and How Does in Improve Access to Justice”. First I will give a brief outline of ADR, the I will look at the effort we made by the group towards the oral presentation including the group’s strengths and weaknesses. I will look at the strengths and weaknesses of the presentation. I will also write about what learnt from this exercise and lastly I will have a brief conclusion

Arbitration involves a presentation of evidence by both sides to a dispute, much like in a typical lawsuit. The difference is that an arbitrator or panel of arbitrators hears the evidence rather than the judge.

The main purpose of alternative dispute resolution (ADR) is to achieve a satisfactory outcome to a dispute without court intervention. Despite alternative dispute resolution processes occurring externally from the court, the outcome may still result in legally binding agreements that ultimately resolve the legal matter.

The third major resolution of ADR (alternative dispute resolution) method is Arbitration. In arbitration, the parties submit their dispute to an independent third-party, usually called the “arbitrator” or if more than one, then called the “arbitration panel” or “tribunal”. This neutral third-party envisions the evidence the disputing parties have submitted and deliver a decision called an “award.” The award is typically binding on the parties, yet, in some cases, the award can be non-binding.

A dispute arises wherever the needs of two or more parties are not being met. Individual personality, comparison of possession of resources, diverse value system background, differentiated expectations, natural intrinsic greed and self- centeredness of human beings, respectively or collectively, contributes the production of disputes. Normally, people incline to adopting a genial and private approach to address the dispute with the consideration of comity. However, when situation gets ugly, litigation seldom be left whenever the parties have exhausted other resolutions or directly pursue a seemingly absolute just and definite result.

R: Arbitration is the most widely used Alternative Dispute Resolution (ADR) technique. The parties refer their disputes to a third person that tries to solve the disputes outside the courts. Most state have statutes under which arbitration clause will be enforced.

Negotiation, refers to the process of having the two sides come to an agreement without the help of an externality. This could be beneficial to both parties because they can come to an agreement of their own terms and both side win. Mediation is when a neutral authority brings both sides to the table to help solve the dispute. Benefits to doing this process, is that the mediator can provide alternatives to how to solve the dispute, although results are nonbinding. Arbitration is when a third party decides the outcome of a dispute. For the winning party is an advantage because the decision in not appealable, it only can be

Online Dispute Resolution (ODR) is revolting the fight against the barriers of traditional judiciary where people have stopped expecting any kind of disposal of cases and justice. ODR, sometimes referred to as Online ADR, uses the modes and techniques of ADR i.e. arbitration, mediation etc. online to resolve the disputes. With the expanding number of mobile and internet users, it is likely that ODR will be preferred for dispute resolution especially the e-commerce sector. Therefore, the paper focuses on two things. Firstly, to clarify the term ODR and secondly, to identify the advantages for consumers.

In the decade of 1980’s and 1990’s many people became concerned by the fact that legal procedures like litigation and court became too expensive for resolving disputes. They were also concerned about the fact that litigation and court matters became too time consuming and cumbersome for many lawsuits. This concern gave rise to finding alternative ways to settle disputes among parties rather than approaching courts or litigations and this gave rise to alternate dispute resolution (ADR).

Within the Australian justice system, Alternative Dispute Resolution mechanisms (ADR) have historically been perceived as a means whereby parties can seek to resolve a variety of disputes, but in a non-judicial manner. As we move further into the 21st century, the rising costs associated with lengthy and often ineffective litigation, accompanied with a need to reduce burdens placed upon our legal system have allowed for a notable shift away from the courts as the primary means of dispute resolution, with a growing number of parties preferring ADR as the most appropriate means to bring about a more cooperative approach to legal matters. In the past, it has been largely up to the parties to identify the issues that are in dispute, which would then later be adjudicated in the appropriate court. Many scholars have strongly advocated in favour of adopting pre action requirements, whereby parties are encouraged to negotiate disputes prior to the commencement of litigation. Lord Wolff in his 1996 report into the UK justice system importantly notes that “the present system… is too expensive in that the costs often exceed the value of the claim; too slow in bringing cases to a conclusion and too unequal: there is a lack of equality between the powerful, wealthy litigant and the under-resourced litigant”. His recommendations, alongside several others have been given significant weight within Australia, with the Attorney General initiating the National Alternative Dispute Resolution

INTRODUCTION: As I have done a degree in commerce and now pursuing Post graduate diploma in Human Resources. In my previous studies I have studied subjects related to business and what type of problems occur in the business. As when there was the first class I was thinking it would be boring like other subjects classes because of theory but it happened opposite. By attending this subjects first class I felt awesome and got positive feelings and attitude. As my all problems which I have studied in past will get a solution. In actual also this subject is the path of solutions. In this class I enjoyed a lot because there were many different activities by which we understand