Benefits of Alternative Dispute Resolution

2236 Words5 Pages
bulb-icon

Recommended: Advantages and importance of Alternative Dispute Resolution

The purpose of this paper is to discuss what Alternative Dispute Resolution (ADR) is and how it came about, what different types of ADR there is to choose from and how ADR benefits both parties compared to litigation. ADR can quickly resolve almost any minor issue regarding most civil cases family, neighbors, employers, contractors, etc. ADR includes mediation (also known as conciliation), arbitration and settlement conferences. Some of the benefits of ADR include cost, speed, confidentiality, control, cooperative resolution and industry experts.

Brief History of ADR

ADR has been around for many years but has really taken off over the past few decades specifically after the Civil Rights Act of 1964 was passed. In the Civil Rights Act of 1964 outlawed “discrimination in employment or public accommodations on the basis of race, sex or national origin.” These laws opened up the “gateway” for employee's to fight employer's for fair treatment. Also, during this time the women's movement and the environmental movements where growing quickly leading to more and more court cases. The court system where becoming overwhelmed and cases were being delayed for long period of times. As the courts were trying to resolve cases quickly there were more and more procedural errors being made. ADR's like mediation and arbitration became a popular way of to deal with these types of cases and others and it was helping relieve pressure on the already overloaded court system.

The judicial system is still considered a fair way of disputing resolutions. However, it's time consuming and expensive. Some pro's of litigation, according to Citizen's Guide.ca: Pro's and Con's of litigation, are they can create a precedent that will prevent future ...

... middle of paper ...

... 2011

Henton, Lesley. What is a Settlement Conference? 2009-2011. July 18, 2011

Woods, Robert E. What are the Benefits to Alternative Dispute Resolution? 1995. July 6, 2011

Judicial Council of California. Alternative Dispute Resolution: Options for Resolving Your Dispute. 2011. July 12, 2011

Bakke-Norman Law Offices. Alternative Dispute Resolution: A Client's Guide to the Language and Procedure. 2010. July 15, 2011

Beyond Factory Farming Coalition. Citizen's Guide to Confronting a Factory Farm. April 2007. July 9, 2011

Show More
Related

  • Circle Sentencing as Alternative Dispute Resolutions

    1239 Words  | 3 Pages

    Ulrich, G. (1999). Widening the circle: Adapting traditional Indian dispute resolution methods to implement alternative dispute resolution and restorative justice in modern communities. Hamline Journal of Public Law and Policy. 20, (2), 419-452.

    Read More

  • Jurisdictional Issues within the Criminal Justice System

    1550 Words  | 4 Pages

    Koppel, N & Ashby Jones (2011, January, 12). Early Legal Issue: Where to Try Case. retrieved February 2 2014, from Wall Street Journal Web Site: http://online.wsj.com/news/articles/SB1000142405274870451590457607624427344507

    Read More

  • The Harm Caused by Factory Farming

    1395 Words  | 3 Pages

    “How Factory Farms Impact You.” Factory Farm Map. Food & Water Watch, n.d. Web. 7 Feb.

    Read More

  • Roadtrac, Inc Court Case

    861 Words  | 2 Pages

    Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)

    Read More

  • Problem-Solving Criminal Justice Initiative

    738 Words  | 2 Pages

    Wolf, R. (2009). A New Way of Doing Business. Bureau of Justice Assistance, Center for Court Innovation.

    Read More

  • The Drawbacks and Disappointments of the Victim-Offender Mediation Program

    2021 Words  | 5 Pages

    Journal of Dispute Resolution, 401-427.

    Read More

  • Mini Trial Case Study

    732 Words  | 2 Pages

    Disputes are almost unavoidable between people when there are disagreements or misunderstandings. In the construction industry, contractual relationships could lead to dispute. To resolve disputes, construction disputes are most likely encouraged to use Alternative Dispute Resolutions such as arbitration, mediation, and mini-trials to resolve their disputes faster and keep the dispute confidential and at lower cost (Ray, 2000). The construction case presented in this paper first resorted to negotiation; however, it could not give the parties a resolution which led to a mini-trial.

    Read More

  • Essay On Factory Farming

    790 Words  | 2 Pages

    Cruelty toward animals, huge economic problems, and major health concerns are just three reasons why factory farming should be banned worldwide. Many people argue that factory farming is the only way to meet growing demands for food in the world today. However, factory farming is just not necessary, especially when it comes down to killing innocent animals in order to feed people. A way to put an end to the factory farming system is by buying our food from smaller, sustainable farms. These businesses still aim to profit from their labor, but that’s not their only objective. (The Issues: Factory Farming, n.d.) They simply will not sacrifice the health of the land or the quality of food simply to make a few extra dollars.

    Read More

  • alternative dispute resolution

    1011 Words  | 3 Pages

    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; 2) to offer alternative methods of dispute resolution in addition to the regular court system; and 3) to provide public education about the available alternatives.

    Read More

  • Advantages and Disadvantages of Alternative Dispute Resolution

    1901 Words  | 4 Pages

    Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.

    Read More

  • Animal Liberation by Peter Singer

    1078 Words  | 3 Pages

    "Factory Farming: Cruelty to Animals." People for the Ethical Treatment of Animals (PETA). Web. 29 April. 2014.

    Read More

  • Peace and Conflict: Advocating the Use of Non-Violoent Means for Resolving Conflict

    2126 Words  | 5 Pages

    Scimecca, J.A. (1993). Theory and alternative dispute resolution. A contradiction in terms? In Sandole D.J.D. & van der Merwe H.(Eds.), Conflict resolution theory and practice, integration and application (pp211-221). Manchester University Press: Manchester.

    Read More

  • Mediation Essay

    2122 Words  | 5 Pages

    Mediation is a form of the Alternative Dispute Resolution (ADR). Mediation is a process which it assists disputed parties to arrive to a mutually agreed resolution without going to court. As the out of court problem solving approach, mediation is a more convenient way for parties which trying to avoid the hassle and loving some flexibility from the more rigid court procedure. Mediation can be said as an informal process of which parties during this process is encouraged to work together among the disputed parties in good faith in order to solve their problems and disputes at a lower financial cost and it consume lesser time as opposed to the court procedure. Mediation recently has become more common as one of dispute resolution process especially for disputes which have relations to divorce matter, child custody or even for child visitation especially for its privacy and confidentiality.

    Read More

  • Online Dispute Resolution Advantages And Disadvantages

    885 Words  | 2 Pages

    What do you see as the advantages and disadvantages in applying online Dispute Resolution? Please provide the details of your reasoning for your response.

    Read More

  • Arbitration In Arbitration

    705 Words  | 2 Pages

    Where dispute arises between parties and there’s need for it to resolve in accordance to a legal process. This process should have the confidence of the parties or at least provide a forum in which is acceptable to the parties. Frequently parties in international commercial contract look into arbitration as a pri...

    Read More

More about Benefits of Alternative Dispute Resolution

Open Document