Explore BrainMass

Alternative Dispute Resolution (ADR)

Choose a form of ADR, other than mediation, and discuss it. First, describe its process in detail. Second, research and describe an instance where it has been used in business. Third, if applicable, discuss an instance where it has been used by an employer with which you are familiar.

Solution Preview

A form of Alternative Dispute Resolution (ADR) which will be discussed is the Arbitration. Arbitration involves an impartial third party who listens to the two sides in a dispute and he/she makes the decision in order to resolve the dispute. Oftentimes, the decision of the arbitrator is legally binding on both of the two sides. Hence, it is not possible to go to court if any or both of the parties are not happy with the decision.

In many ways, arbitration is an alternative form of court because of its procedural rules that involves governing of issues that include disclosure of evidence and documents. While court procedures are public, arbitration is private and hearings are not as formal as the court hearings. Sometimes, the arbitration process are decided on the basis of the documents only and do not involve hearings like the court process. The following are involved in ...

Solution Summary

The solution discusses the process of arbitration, a form of ADR and how it is applied in business. References included.