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Alternative Dispute Resolution - Research Paper Example

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This paper explores the concept of ADR with regard to its advantages, disadvantages, categories, structures, and resolution among other aspects of ADR. In cases where a conflict may not be completely solved, the role of the independent third party would be to narrow the area of conflict. …
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Alternative Dispute Resolution
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Download file to see previous pages In clearer terms, ADR refers to the processes of solving disputes outside the judicial process or formal litigation. In fact, the judicial system/process is currently encouraging and requiring conflicting parties to utilize the Alternative Dispute Resolution processes, particularly mediation, prior to taking such cases before a court of law. There are four other main types of Alternative Dispute Resolution namely negotiation, mediation, arbitration, and collaborative law (Lynch, P. 213). In fact, conciliation has also considered a type of Alternative Dispute Resolution. Except in negotiation, all the other categories of Alternative Dispute Resolution involve the presence of a neutral person who provides fair opinions while facilitating or making a decision in ADR processes. However, the collaborative law processes such as collaborative divorce require both parties to have counsels who are experts at following the details of the contracts or terms involved such issues. Among the disputes or conflicts in which ADR techniques have been particularly useful include family matters such as divorce, professional liability disputes, insurance issues/disputes, and personal injury situations. There are several advantages for which the use of Alternative Dispute Resolution has become prominent in recent times. These advantages include more efficiency, cost-effectiveness, and greater satisfaction for all parties involved. In fact, great deals of civil cases such as marital dissolutions have been settled using Alternative Dispute Resolution techniques (Lynch, P. 213). Due to the recognized effectiveness of ADR as a tool for dispute resolution, judicial systems world over have adopted the practice of providing conflicting parties and their lawyers with information about and the option of ADR, more so in civil cases. Advantages and Disadvantages of Alternative Dispute Resolution The current trend of increased usage of Alternative Dispute Resolution techniques stems from the many advantages that arise from their use. The first among the advantages of ADR is the fact that far less time is consumed in solving disputes in cases where ADR, rather than litigation is applied. ADR also usually costs less in monitory terms compared to litigations. Moreover, ADR techniques such as arbitration have more flexibility in the choice and the application of the relevant rules to their disputes. For instance, one may choose to apply industrial standards, religious laws, foreign/international laws, domestic laws, and any unique set of standards/rules for ADR processes such as negotiation, mediation, conciliation, or arbitration. Importantly, the disputing parties are in a position to use the services of experts in the relevant fields. The other advantage of ADR over litigation is that more time is also wasted in litigation since judges and juries have to be educated on the technical terms and aspects of cases that involve complicated and technical issues that are not properly understood by laymen. In fact, it is only after this kind of education that judges and juries may make informed and fair decisions.   ...Download file to see next pagesRead More
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