Pros And Cons Of Elective 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 (ADR) is the term used to describe the resolution of disputes inside or outside the legal system, without formal adjudication. It includes arbitration, mediation, conciliation and negotiation. There are problems associated with going to court. These include the adversarial process used to find a winner and loser, which often creates stress for, and increases the division between litigants. The advantages associated with the use of ADR have prompted a debate whether Parliament should make it compulsory for all litigants to first use ADR before they go to court to seek solutions to their differences.

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).

If the dispute is within an organization or, occasionally, between an organization and members of the public, there is often an administrative or executive dispute resolution approach. In this process, a third party who has some distance from the dispute but is not necessarily impartial may make a decision for the parties in dispute. The process can be private, if the context within which the dispute occurs is a private company, division, or work team; or public, if the difference is a public dispute and is conducted by a governmental agency, a mayor, a county commissioner, a planner, or another administrator. An administrative dispute resolution process generally attempts to balance the needs of the entire system and the interests of individuals or concerned groups.

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.

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

ADR are use all over the world to solve conflicts and prevent going to court. In my personal opinion Mediation would be the best option to solve a dispute between parties. In order to have a successful mediation, the best approach is to have pre-meeting involving both parties to choose a well experienced and knowledgeable appropriate mediator. Sometimes small-business conflicts are not resolve by ADR and go to trial, this is because the lack of knowledge around the business environment on ADR, given that most small to medium size companies don’t have any legal supervisor and advisors inside the company that could avoid conflicts and disputes that might end up in a court trial.

     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;

Alternative Dispute Resolution (ADR) includes methods of processes and techniques that are used to resolve disputes or disagreements outside the jurisdiction of the law. As explained by Paul Latimer (p 51 of the Australian Business Law CCH Handbook 2006) The Alternative Dispute Resolution Association of Australia has defined ADR as meaning ¡§dispute resolution by processes:

This paper is to critically discuss two alternative dispute resolution processes, which are the negotiation and mediation. The importance of these two alternative dispute resolution processes is mainly related to various noticeable benefits associated comparing to the traditional litigation process (Ruh, 2015). Specifically, it is to discuss the different strategies for negotiation, which can be applicable to the dispute between Johnny, Sally, and David. Thus, David is to be advised of the most effective and efficient negotiation strategy he should use based on the comparison between different negotiation strategies in terms of respective benefits and drawbacks. In addition, it is also to advise David, Johnny, and Sally regarding the benefits and costs of using a mediator, in the context of the dispute between them.

But ADR is much more than that. The ‘consensual interaction between the disputants’ during an ADR process is how conflict is resolved (Street, 2002). Whereas a court determination ‘takes over responsibility’ for the matter (Heilbronn et al, 1996, p. 262) and ‘imposes’ an outcome that may not be palatable to either party (David, 1991, p. 4).

In this essay I will address what alternative dispute resolution is and the different types of it. ADR stands for Alternative dispute resolution is something that provides an alternative way of settling civil disputes than the traditional way using the courts. The main forms of Alternative dispute resolution are being arbitration, adjudication mediation and conciliation, however in the United Kingdom the most commonly used alternative dispute resolutions are arbitration and mediation but adjudication is becoming rapidly more popular. Adjudication is another form of alternative dispute resolution that stems from Housing Grants, Construction and Regeneration Act (Construction Act). This Act was introduced in 1996 in the United Kingdom. Even though the Act was created to ensure that the process remains informal, this has recently changed where parties that are in dispute are now serving official documents such as witness statements, expert reports etc. Though recently The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 was passed and deals with how consumer disputes are handled.

ADR should be the prime method of dispute resolution. Critically discuss in relation to ONE method of ADR (eg arbitration OR negotiation OR mediation).

In contrast to the more traditional styles of litigation, Alternative Dispute Resolution (ADR) is much different. Essentially, this more alternative style to approaching litigation needs aims to resolve disputes before they have to actually go through the expensive and complicated process of litigation. Here the research claims that

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.