Individual: Alternative Dispute Resolution Paper
LAW/531 – Business Law
Date: September 14, 2015
Over the course of this paper it is going to cover alternative dispute resolution “ADR”. Alternative dispute resolution is going to be the method for resolving arguments and disagreements between two parties without having to go through a court proceeding. “Involving an individual that is neutral and is able to mitigate an agreeable settlement between the two parties in dispute” (www.nycourts.gov). A mitigate is going to be either an expert in that field or an impartial panel that would be specifically selected personnel. The use of ADR is going to be most generally the preferred method used by parties for settling disputes because of it inexpensiveness and that it will give a faster resolution than one would receive going through a normal court proceeding. A court litigation can be drug out over a number of months or even years before it would be heard or even render a decision. “Arbitration, negotiation, mediation, conciliation, mini-trail, fact-finding, and judicial referee are other forms of ADR” (Cheeseman, 2010, p. 43). The case this discussed within the course of this paper is; “Scott versus Avery Clause”.
The Scott v Avery Clause
Scott v. Avery clause deals with a contract between two said parties that defers any disputes to an arbitration first before taking the next step of court action. This clause refers to the 1856 British case that happened between first party Alexander Scott and second party George Avery that had an issue dealing with a contract that provided that all disputes must go to arbitration first before getting sent to litigations. The Scott v. Avery clause made arbitration a “condition precedent” to all court actions. The English Reports summarized the decision; “It is a principle of law that parties cannot by contract oust the courts of their jurisdiction; but any person may covenant that no right of action...