Introduction
Conflict and dispute are pervasive in our society. Moreover, they touch every individual, every family, every organization, and every relationship between and among these individuals and groups. In addition, most lawyers are intimately involved in conflict and disputes. To explain, Trial lawyers, use the law and the courts to resolve specific disputes between specific parties. Moreover, public interest lawyers, whose work is devoted to individual rights, the environment, or other such causes, often use individual disputes to address more fundamental issues of social conflict. Traditionally, only one method of dispute resolution existed, a trial. However, in recent years, law school have come to recognize that other methods, such as negotiation, mediation, and arbitration, often may be more appropriate for resolving particular disputes. Collectively, these methods are commonly called “Alternative Dispute Resolution.” Consequentially, Alternative dispute resolution (“ADR”) involves procedures and methods, aside from trial, for resolving legal disputes ( Leonard L. Riskin, et al., Dispute Resolution and Lawyers 1-14 (4th ed. 2009) Principally, there are several paths to ADR. First, ADR occurs when parties agree to use ADR in event of future conflict. Also, it occurs when a conflict arises and the individuals decide to use ADR. In addition, it occurs when conflict arises, and the parties are required by court to try ADR. Finally, it occurs when a court annexed or court connected ADR. Abraham, Supra at 15
Mainly, negotiation is an ADR method of resolving disputes that is voluntary, consensual and private. In a negotiation, parties protect their own interests and work together to resolve the dispute (no third party involvement). Moreover, another ADR method used to resolve dispute is mediation, in mediation a neutral third party assists parties in resolving their dispute. Also, Parties can decide whether or not to include attorneys. Moreover,...