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The Purpose of Alternative Dispute Resolution (ADR) - Essay Example

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This research is being carried out to present an evaluation of the Alternative Dispute Resolution in the context of conflict resolution. Further, the paper will present the position in its attempt to explain the reason that is as compared to the whole modern case…
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The Purpose of Alternative Dispute Resolution (ADR)
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Download file to see previous pages The object of analysis for the purpose of this assignment is alternative dispute resolution (ADR) as any means of settling disputes apart from by means of a lawsuit. Alternatively, ADR is the finding a workable solution to a conflict outside the courtrooms. In many public courts, a request may be submitted to review the validity of ADR methods, but time and again, the court would hardly overturn the ADR decisions and awards if the disputing parties opted for the formation of a valid contract by which to abide. There are two major forms of ADR, namely arbitration, and mediation. Typically, Tansley observed that ADR comprises of early neutral evaluation, negotiation, conciliation, mediation, and arbitration. Owing to the burgeoning court queues, and the increased fees for litigation as well as time delays that have plagued litigants for many years, more national states have opted for ADR programs to solve disputes. Albeit scholars have noted that there are two main forms of ADR, negotiation has been a most outstanding mode of dispute resolution approach that has gained great popularity. Negation as a means of dispute resolution allows the parties involved to meet within their own conveniences so as to settle the dispute between them. As such this approach provides an excellent platform where both the involved parties are in control of the whole process and the ultimate solution. Notably, Mediation is another sort of an informal alternative to litigation. Nicol observed that most often the mediators are also well-trained negotiators and can bring two opposing parties together. As negotiators, mediators attempt to work out a strategic settlement or agreement approach that is/ are somehow acceptable to both parties. In mediation, the one who always takes the lead in the process, the mediator in most cases do not decide on behalf of the parties neither does he/she decides the dispute. However, the mediator’s sole role in the process is always to aid the parties involved in the dispute communicate as they try to settle the dispute themselves. In other words, the mediation process leaves the control of the outcome with the parties involved in the dispute. ...Download file to see next pagesRead More
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