Alternative Dispute Resolution

Alternative Dispute Resolutions

Shannon Tyler

LAW/531

June 30, 2016

Leah Peer

Alternative Dispute Resolution

The United States Judicial system is overwhelmed with the amount of lawsuits filed on a daily basis. Lawyers, judges, ex-judges, and mediators of all sorts across the nation deal with lawsuits on such a consistent basis, that many agree that if problem arises between two parties, it should be handled without proceeding to litigation. To do avoid the treacherous obstacles of going to trial, a process of settling disputes or compromising, has recently trended in the most positive manner. This process that handles disputes outside of litigation is known as Alternative Dispute Resolution or ADR (Advantages and Disadvantages of Alternative Dispute Resolutions, 2016). This ADR program can be voluntary or mandatory depending on the circumstances of the situation.

The most common forms of alternative dispute resolution are mediation, arbitration, and negotiation. Mediation and arbitration are almost always secondary to negotiating. The process negotiating allows both parties to meet and work through a dispute with the added advantage of controlling the process and the solution. This process can be done without or without the aid of lawyers or legal representatives. If negotiations fail, there are still other methods of resolving a dispute. This brings up the mediation method of dispute resolution. Mediation is a form of resolution that involves a mediator that is trained in negotiations (Office of Personnel Management, n.d.). A mediator can be ex-judges or any legally qualified individual that is capable of remaining neutral while helping parties evaluate their goals and options to reach a mutually satisfactory solution. The mediator will bring the parties together and try to bring about a settlement or agreement that both parties accept or reject. During mediation there is no legal obligation to agree of resolve the conflict, it is simply a channel in which disputing parties can possibly reach a solution without going to trial. Some benefits of the mediation method of resolution are control of solution, continued relationships with other party, and many other benefits including those a financial aspect. As stated earlier there are many forms of ADR but there is one more that is quite common, and this method is arbitration. Arbitration is a simplified trial that limits and simplifies evidence. This form of dispute resolution is guided by an arbitral panel that made up of individuals elected by each party or just one agreed individual. The arbitral panel examines the evidence provided, deliberates and issues a written decision or award (Advantages and Disadvantages of Alternative Dispute Resolutions, 2016). These three forms of ADR offer many advantages over going to trial. Some of these advantages offer faster resolutions, less expenses and legal fees, flexibility, less stressful, and fosters cooperation. While these advantages offer a lot of peace of mind, ADR is not suitable for every case.