Explore BrainMass

Theoretical Background on Alternative Dispute Resolution

In what situation amicable resolution of problems is greatly preferred by your company. Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution?

Solution Preview

In assisting you on how to answer your questions, I will give you the general theoretical background on Alternative Dispute Resolution (ADR) which is the method now used by many companies in order to resolve conflicts and reach amicable resolutions.

ADR is a process and technique of resolving conflicts between two parties outside the arena of litigation or the judicial system. In many courts today, judges require the parties to first go through the ADR process in order to alleviate the backlogs they are experiencing in their case dockets before litigating cases. There are two basic components in ADR: mediation and arbitration

• When parties have a conflict they come together to try to resolve differences with an independent neutral mediator;
• The mediator facilitates the process so that the parties reach a compromise, a win-win situation for both parties;
• The resolution stemming from mediation is not binding and can not be forced on an unwilling party;
• Since the focus of mediation is ...

Solution Summary

This is a 691 attached document providing the theoretical background on Alternative Dispute Resolution. This document will provide the student with informational background to answer a question regarding amicable resolution of problems as an alternative to litigation.