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Alternative Dispute Resolution

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Considering all of the alternatives to litigation: negotiation, mediation, arbitration, summary jury trial, mini-trial, jury by private judge, med-arb, arb-med, med then arb, concil-arb, etc.

Discussion an assessment of the relative values of more formalized ADR (e.g., arbitration), compared to more informal ADR (e.g., negotiation, settlement, and mediation.)

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Arbitration is referred as a more "formalized" form of alternative dispute resolution method because in arbitration the members agree to be bound by its outcome. What distinguishes arbitration is its binding nature. It is binding to the extent of a decision from the courts. This is the main reason why arbitration is referred to as a "formalized" form. It is in this context that we need to mention that foreign trade disputes are usually settled by arbitration and that international trade treaties have provisions for arbitrations. Even in the context of international trade the type of arbitration depends on the terms and conditions of agreements. When compared ...

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Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is an important aspect of the court's structure in that it allows disputes to be resolved without the need for litigation. If the case is not resolved by ADR or administratively, what options did you have to proceed to litigation? What courts would address this issue? To examine your understanding of ADR, identify a current or past dispute in your organization that has been resolved through ADR or has resulted in some other form of resolution process (e.g., in-house or union grievance, agency complaint, etc.). This may be a dispute between or among any of the organization's stakeholders (e.g. employee-employee, employee-supervisor, company-vendor, company-customer, company-competitor, company-community).

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