The Necessity of Alternative Dispute Resolution

The Necessity of Alternative Dispute Resolution

ALTERNATIVE DISPUTE RESOLUTION

LEARNING TEAM CHARTER

Stephanie Bucy

January 11, 2009

LAW 531 BUSINESS LAW

INSTRUCTOR: LOU ALIBERTI, Esq., J.D. M.B.A.

(ADR) Page 1

Alternative Dispute Resolutions are frequently a necessity in any work environment

where two or more associates are involved in an endeavor or project. There are a

number of opportunities to support the need for alternative dispute resolutions that

do not require a lawyer or courts and are being more readily used in some larger

corporations. If a dispute can be handled without the expense of the legal system and

a conclusion can be drawn, this may be a highly accepted practice then it is even today.

There is the process of arbitration that can help parties come to a resolution and

generally requires lawyers and an arbitrator who will assist each side in trying to come

up with a suitable outcome, and is considered a preliminary step to litigation. There

are binding arbitration and nonbinding arbitration. If the arbitration is binding then

the decisions cannot be appealed any further. Nonbinding arbitration means that if

one or more of the parties is not satisfied with the outcome then the case may still be

litigated. Arbitration is more commonly like a trial where each party is allowed a

brief statement after which a discussion will take place to come up with a resolution.

Similarly related to arbitration is what may be the best situation and that is mediation.

mediation is inexpensive in comparison and helps each party express their concerns and

with the help of a mediator who is trained to...

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