Should Court System Require Alternative Dispute Resolution

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).

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.

Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dis­pute without the involvement of a third party. This is

*The concept of supplemental Jurisdiction grows in complexity once we recognize that the Federal Rules of Civil Procedure contemplate lawsuits in which the party structure is more complex than the “A v. B” lawsuit.

Binding versus persuasive authority. A county court in Illinois is deciding a case involving an issue that has

I wasn't prepared to back down either, as there was valuable property involved, so I contacted ABC Legal. They were recommended by a friend, and honestly, I don't think I would be where I am now without their efforts at mediation. We finally came to an agreement without going to court, and we have both moved on," said Tansy V.

authority rather than take the dispute to court, it would have an 80% cumulative probability of realizing

Supreme Court to do it for them. This is a mistake. The Court basically has full power to

In other programs, cases are usually referred after a formal admissions of guilt has been accepted by the court, with mediation being a condition of

If mediation and conciliation were unsuccessful under the law, the complainant is still entitled to a trial de novo (new trial) A Letter of Determination and Notice of Right to Sue will be issued; the claimant maintains the right to file the case in Federal District Court. There, he or she can add new evidence, eyewitnesses, and testimonies; as if there had been no previous investigation.

Answer- Jill can ask the court to order the parties to mediation if Jack refuses to go under

This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of this essay is not that mediation is inappropriately used to settle

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.

With all of these acts and statutes being passed, it seemed as though arbitration was the way to go. But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms of alternative dispute resolution such as mediation and neutral fact-finding became common.

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