preview

Alternate Dispute Resolution

Satisfactory Essays
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. Alternate Dispute Resolution is a large part of our legal system, which many citizens rely on to settle civil disputes. ADR has been a part of US legal history since the times of the colonies.

Alternate Dispute Resolution, better known as (ADR) in the legal field, was first used in the late 1800’s. ADR was initially used, not to replace judicial proceedings, but to work as a tool of resolve for matters like to civil struggle between laborers and management. ADR has various identifiable titles like mediation, negotiation and settlement. Congress authorized the process of ADR’s once becoming aware of independent civil bargaining in states like New York and Massachusetts. Following, official mediation agencies emerged. For example, the Board of Mediation and the National Mediation Board were two of the first ADRs to arise in the early 1900’s (Delaware, 2008). Around the same time, in 1913, the Newlands Act was passed in agreement of protecting the interest of voluntary negotiations. During the American Bar Association in 1932, lawyers were able to convince the courts to release qualifying cases to the process of mediation and collective bargaining. Lawyers argued that out-of-court negotiations would spare the time and cost of courts and parties alike. The courts agreed with the notion and soon followed. Later, throughout the civil rights movements of the 1960’s and 1970’s, Congress established the CRS, also known as, the Community Relations Service. Once the US Department of Justice founded this administration service, civilians in school, prisons and other civil matters could reap the benefits of conciliation.

The Superior Court of California, County of Santa Clara Alternative Dispute Resolution Information Sheet/Civil Division states, “ADR is the general term for a wide variety of dispute resolution processes that are alternative to litigation” (Santa Clara, 2002). The purpose of ADR is to save time and money, reduces stress, and provides more control, flexibility and participation in a legal matter.