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Advantages and importance of Alternative Dispute Resolution
Advantages and importance of Alternative Dispute Resolution
Advantages and importance of Alternative Dispute Resolution
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Alternative Dispute Resolution vs Litigation In this paper we will review three scenarios of conflicts where I will provide my opinion on whether alternative dispute resolution would be preferable or litigation. Firstly, we must understand what Alternative Dispute Resolution (ADR). ADR encompasses a number of various options for resolving disputes and conflicts of various natures. Some forms of ADR that you may be familiar with include mediation, negotiation, and arbitration (Lau & Johnson, 2011). Mediation is defined as “a method of ADR in which parties work to form a mutually acceptable agreement” (Lau & Johnson, 2011). With mediation, there is a mediator that works with the parties involved and the parties are present voluntarily. In mediation, mediator does not make a decision with respect to the dispute, but rather acts as a go-between the parties to assist them in coming to an …show more content…
That being said, although litigation is costly and time consuming, sometimes it is the best option suitable for resolving a particular dispute. For example, where there is a substancial dispute over money loss or theft, the odds are that litigation is where the case will end up, so why waste the time and money attempting to resolve with ADR? In the end it just increases the costs. However, if you have an employer/employee dispute, it’s likely in the best interest of both parties to resolve with a method other than litigation if at all possible. The extensive costs of litigation and lack of privacy, along with the average duration could be detrimental to both the employer and employee with the exception of sexual harassment. In conclusion, it is important to weigh the value of the dispute, time, and costs that may likely be associated to help determine whether ADR or litigation would be best
Journal of Dispute Resolution, 401-427.
Negotiation and conflict theory concepts illustrated in the case Indeed, this scenario has demonstrated common concepts that have been associated with the conflict and negotiation process. Such concepts are observable in all negotiation process, and Maisse (2012) observes that failure to have them in conflict resolution reflects the incapability of the dispute to be resolved.
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
In order to have an organizations’ internal operations to run as efficient as possible, the workplace environment created by management must be able to work alongside with their employees in order to produce a satisfied, productive, and motivated workforce that will work in the firms’ best interests and ultimately maximizes profits. It is common to have conflicting perspectives amongst the employees and employers regarding the interpretation, application or administration of a binding collective agreement. If a satisfactory settlement between the two parties cannot come to an effective agreement through internal practices, the grievance arbitration system is the primary process for resolving disputes in unionized workplaces. Arbitrators can
An Alternative Dispute Resolution is an act that means for disagreeing parties that couldn’t solve their issues or still haven’t find the way out of the issues. It is a collective term for the ways that the parties will come to an agreement which everyone agrees on with or without the help of the third party. Usually some courts use parties to help them in some cases. Usually Alternative Dispute Resolution is the support term of the process. In which an impartial person from the Alternative Dispute Resolution which is an Alternative Dispute Resolution practitioner. That various person will assists to those who has the problem or the issues or dispute to resolve the problem or the issues between them. Alternative Dispute Resolution commonly use for abbreviation for Alternative Dispute Resolution but, it can also be used as to assist the issues which leading them to the conclusion and the decision.
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.
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.
Good employment mediation benefits everyone in a company. Even situations where it seems impossible to resolve a dispute can be helped by mediation, and can produce a good outcome for both employers and employees. In a serious employment dispute (such as dismissal, personal grievances or harassment), it's sometimes tempting to try to find an outcome without involving a third party mediator. Unfortunately, because no one in these situations is unbiased, it doesn't always benefit either party in the long run. Disagreements in business are sometimes as complicated as in a relationship.
Arguments for and against ADR both seem to make sense. However, the future of ADR will largely depend on whether or not ADR lives up to its expectations. Whether, when compared to traditional litigation, it actually is more efficient, more expeditious and less costly. But until then, ADR seems like a good way to solve disputes today without dragging them through the rigorous proceedings of litigation, and it is also a good way to keep case management in the courts under control without overburdening the system.
Advantages and Disadvantages of Alternative Dispute Resolution. 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 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.
It is argued that the key factor in ADR application is that all it’s’ method are designed to assist the disputing parties resolve their differences in a manner that is creative and most suited to the particular dispute. Yet these achievements are not sweeping enough to conclude that the adversarial procedures are irrelevant. Though some people see ADR methods as supplanting the adversarial system, but these thoughts could only hold water where the courts in many jurisdictions are unable to resolve all disputes in a manner appealing to litigants, but until then ADR methods will be designated as collaborative dispute resolution system with the conventional litigation system.
Both forms of ADR have several common characteristics. However, one must consider that a neutral side in both procedures fulfils distinct from one another duties. Mediators do not have the objective to make decision, whereas arbitrators determine an outcome of the case. Upon the termination of the procedure, an arbiter renders a binding award that cannot be later avoided by disputants. During mediation, parties are not contingent upon the third side and enjoy freedom of actions needed for dispute resolution. In contrast, in case of failure to reach an agreement, parties are not legally bound for actions afterwards. By considering the true qualities of arbitration and mediation taken individually, legislation and scientists suggest that in single arbitration, arbitrators may use mediators’ functions to promote amicable settlement and functions of both arbitrators and mediators have incongruous
These methods are also referred to as “out of court settlements”, whereby the parties involved in the dispute are encouraged to negotiate and find a solution to resolve their dispute. The ADR system is subdivided into the following categories that are negotiation, mediation and arbitration. The process of negotiation consists of dialogues between the disputant parties whereas, “arbitration” and “mediation” require the involvement of a third party to act as a mediator or conciliator in order to find a solution and make unbiased judgment in the matter. It is important to understand that the decisions in a dispute are non-binding if they are made t...
Though, the mediators have been trusted and allowed to the political, business, cultural and academic mediation process. However, the process of mediation integration still requires deeper attention and required more actions. It is argued that conflict resolution tools, concepts, techniques, process, steps, and inclusive policies are needed to assess the overall conflict resolution integration of the conflicting parties in the resolution process.
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.