Alternative Dispute Resolution: General Summary

Alternative Dispute Resolution: General Summary

  • Submitted By: Fariha-M
  • Date Submitted: 09/17/2015 6:29 PM
  • Category: Business
  • Words: 744
  • Page: 3

In two paragraphs, summarize the explanatory/introductory info found on the main page of the ADR section.

Alternative Dispute Resolution, commonly referred to as ADR, is an alternative method to settling a traditional lawsuit. The lower cost of ADR greatly outweighs the expense of court increasing its popularity and adding variation to its proceedings to include, but not limit to, arbitration and mediation. ADR can also be categorized with a neutral professional in the area of dispute as a specialized evaluation; the third-party often has more knowledge on the topic than a judge or a jury and therefore is favorable for a fair outcome. A very common form of ADR is collaborative divorce where sensitive subjects can be discussed with more than just the party under speculation, such as family counselors and financiers. But by far, arbitration and mediation are the most commonly seen forms of ADR.

Arbitration is reflective of a trial in which parties can call witnesses to stand, present evidence, and have the opportunity to argue their standings to a neutral, third-party who acts as a judge. While arbitration is an alternative, many cases which do not meet a monetary charge threshold will often be displayed under arbitration to avoid court traffic. The parties involved in the case can agree to make the verdict of the arbitration either binding or non-binding prior to the case. The party who lost the case has the ability to request a new trial in civil court. Mediation on the other hand is just facilitation at a third-party location and with a neutral guide. Each party presents their case and facts in a common area and later separates into two locations. The neutral mediator relays information between the two parties until a resolution is achieved. ADR definitely cuts the litigation process and shortens the time required for court; it is far easier but, like every other form of dispute settlement, holds its risks.

Arbitration is Usually Better for...

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