Puerto Rican Business Law
Edric Vázquez Muñoz
University of Phoenix
LAW / 531PR
JUNE 6, 2013
Prof. Israel Camacho Alicea
ADR is the acronym for "Alternative Dispute Resolution" and is the international standard that designates the general court methods. There is a great diversity of extrajudicial methods with different methodologies have a common goal, that is resolving a particular dispute. Broadly speaking, we could subdivide extrajudicial methods into three distinct categories, the binding nature, the non-binding and advisory in nature.
There are also methods that are hybrids because they can be used to reach negotiated solutions or binding depending on the particular circumstances.
Whichever method is chosen, all extrajudicial methods have common characteristics that are now an international standard. They start when everyone involved expressly wishes, usually in writing, must be a clear procedural rules known in advance for those involved, the parties choose the panelists (arbitrators, mediators, evaluators, etc.).
known Panelists and understand the procedural mechanisms extrajudicial method are selected for having received adequate training to perform their duties; Panelists must document their impartiality and independence Panelists and the person or entity to preserve confidential manager, administrator and panelists observed a code own conduct; Those involved must be able to meet the costs of the service before you start the process, costs can never be linked to the final result as a precondition for providing the service; Neither the administering entity nor any voluntarily participating panelist in judicial proceedings relating to the method given court; In arbitration, neither the manager nor the referee running the award in court at the request of a party or on behalf of any party under any circumstances.
The mediator is not a judge or legal representative of any party, which are treated in a perfect equality. The...