ADR is being used to settle claims between litigants in many different situations, circumventing the legal system. Many use a mediator, a neutral third party, to help them reach a mutually acceptable decision. The mediator works with both parties together and separately to reach a mutually agreeable determination in a few hours or days, instead of the months or years that litigation takes. Not all mediation is successful, but it is far less expensive and quicker than litigation. The mediator has a great deal of latitude in suggesting settlements that may help the parties avoid litigation.
Alternative dispute resolution helps to unclog the courts, gets civil litigants their monies faster and often returns what they would have gotten in court anyway. It saves substantial legal expenses to the defendants, as well.
1. What are the advantages of the different forms of ADR? Pick one to discuss.
2. Many contracts call for binding arbitration to resolve disputes instead of litigation. Is this a good idea?
3. For a 24 to 48 hour period, list/track every negotiation that you are involved in. Provide examples of the types of negotiations, and list the number of negotiations that you identified throughout the course of your day. For example, you may have negotiated for a raise at your job, a better price on a car, or with your significant other to go on a trip, etc
4. Are you subject to any arbitration clauses?
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1. ADR is favored by many in the legal profession because it is usually faster, cheaper, and less formal than litigation.
The two primary forms of ADR are MEDIATION and ARBITRATION. Arbitration can be either binding or non-binding. There are additional forms of ADR, including NEGOTIATION and MINITRIAL. You may also find additional forms of ADR if you research the subject further.
Black's Law Dictionary defines ADR as: "A procedure for settling a dispute by means other than litigation, such as arbitration, mediation, or minitrial." Black's Law Dictionary, Deluxe Seventh Edition, Bryan A. Garner, Editor in Chief, 2001. West Group, St. Paul, MN, Page 78.
You will probably want to discuss either mediation or arbitration.
Black's Law ...
The advantages of the different forms of ADR are examined.