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 ...
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
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Abstract Alternative Dispute Resolution (ADR) involves resolution methods and approaches that fall outside the structure of the judicial process. Despite its praise in preventing costly litigation and unpredictable outcomes when there are severe disagreements and impasses this, there have been objections to ADR in the past. Still, alternative dispute resolution has increased its comprehensive reception among the legal profession and business world, in recent times. In fact, numerous courts require applicable parties to remedy through resolution before consenting the parties' cases to be heard.... [tags: Dispute resolution, Mediation, Court, Negotiation]
1569 words (4.5 pages)
- 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.... [tags: Alternative Dispute Resolution Essays]
2720 words (7.8 pages)
- It can be easy to understand what environmentalists and what Indigenous stakeholders potentially have to gain from mediation but what about the corporations. In, “Dispute Resolution in Environmental Conflicts: Panacea or Placebo?” Jennifer Gerard, explains, “Environmental issues have several distinct characteristics which require high financial and resource commitments. The disputes themselves are becoming increasingly complex, as more scientific knowledge is available, leaving more questions asked and unanswered.... [tags: Dispute resolution, Mediation, Human rights]
1014 words (2.9 pages)
- Alternate Dispute Resolution Alternate Dispute Resolution has many benefits serving as a legal substitute for resolving civil disputes. Most courts prefer the proceedings of an ADR as appose to Litigation. In some counties the option of ADR must be analyzed before attempting to initiate the proceedings of litigation. Most district courts along with appeal courts will oversee the negotiations of an ADR. In some circumstances ADRs do not settle well and in those instances the involvement of the courts will resolve the remaining disputes.... [tags: Alternate Dispute Resolution]
1409 words (4 pages)
- The Alternative Methods of Dispute Resolution Alternative methods of dispute resolution (ADR) are methods of resolving a dispute without resorting to using the courts. The fundamental principles of Alternative Dispute Resolutions are Negotiation, Tribunals, Conciliation, Arbitration and Mediation. Many of these approaches include the use of a neutral individual such as a mediator who can assist disputing parties in resolving their disagreements. The use of these methods helps in bringing justice to all people concerned with civil matters.... [tags: Papers]
991 words (2.8 pages)
- Since the nature of the contract is to provide services, the performance should be constant and continuous. In addition, the duration being only for 12 months, time is essential. Considering the constant requirement of service provision for 12 months, one cannot afford to lose time and resources in a very lengthy Dispute Resolution (DR) exercise. Therefore, negotiation would be the best to serve the interest of parties in such cases. Negotiation however, cannot be used to achieve perfect understanding between differing parties.... [tags: Relational Contracting, Services]
693 words (2 pages)
- Dispute Resolution Innovations Introduction This paper will discuss innovative alternative dispute resolutions and how they may be used in a controversial conflict scenario. The writer will discuss these methods using an actual conflict scenario, describing how individuals involved in the conflict will benefit from these innovative methods rather than costly courtroom litigation. Alternative dispute resolutions are clearly the most beneficial conflict solution regardless of gender, cultural influence, and identity.... [tags: Psychology]
1097 words (3.1 pages)
- Introduction This paper will examine when it is appropriate to attempt alternative dispute resolution (ADR) processes for disputes and conversely when it is fitting for matters to be decided in a courtroom with black-robed judges and well dressed lawyers. Complementing the correct ‘intervention [courtroom, facilitative ADR or another form of ADR] at the right time, price and place with the right disputants’ is not necessarily an easy task (Wade 2010, p. 13) and the line separating alternative dispute resolution processes and judicial intervention can be blurred especially as judicial officers conduct, refer or mandate parties to participate in ADR (Sourdin, 2009, p.... [tags: Legal Process]
2493 words (7.1 pages)
- The Main Forms of Alternative Dispute Resolutions For some people, it might not be best for them that their cases are held as a court hearing. This is when Alternative Dispute Resolutions comes into play. Its more suitable for some problems to use an alternative method such as tribunals but this is not the only form of Alternative Dispute Resolutions, other forms are different arbitration schemes or possibly mediation. Alternative Dispute Resolutions is generally used in situations such as construction, consumer, family, commercial and employment cases.... [tags: Papers]
877 words (2.5 pages)
- This essay examines workplace conflict that arises in supervisor-employee relationships and amid peers. Conflict may occur due to work performance issues which lead to disciplinary actions. For example, some examples of conflict include generational differences, discrimination allegations relating to sex, age, or disability; or general personality. As a means to resolve conflict, some employers establish dispute resolution programs within their organization such as mediation. Through the mediation process, a trained facilitator assists the parties with conflict resolution, which in some instances aids in restoring the continuing working relationship.... [tags: Mediation, Dispute resolution, Conflict resolution]
1630 words (4.7 pages)