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Alternative Dispute Resolution

Alternative dispute resolution (ADR) is more and more common throughout the world. In more cases participants will use ADR to solve their conflicts. 95 percent of all civil cases filed in court are resolved without going to trial . This paper will discuss why alternative dispute resolution is in most cases more useful than the normal court and judicial system. In order to prove this point, this paper will argue the advantages of ADR and the disadvantages of the court system for resolving disputes and conflict, by defining the way that ADR works as opposed to the way the court system is administered. This paper is supported by the book: when push comes to shove written by Karl A. Slaikeu. It is also mainly supported by a fascicule written by the Department of Justice Canada called: Resolving disputes think about your options. Other sources where also used in order to enrich this paper.

There are many types of conflict for example: competitive and disruptive. In competitive conflicts, there can be a victory for one party only at the cost of the opponent’s total loss. On the other hand, in disruptive conflicts, parties are intent upon reducing, defeating, harming or driving the opponent . Since not all conflicts are the same,


There are two types of arbitration: voluntary, binding (non-appealable) and voluntary, non-binging or judicial (i.e., the parties do not have to accept the opinion) . The difference between non-binding and binding arbitration is that; non-binding arbitration is sponsored by the court and is a program where the parties can reject the arbitrator’s decision within 30 days and go ahead with a trial. This type of arbitration is like a trial but less formal and with no jury. Each side presents their case to the arbitrator. In binding arbitration, the arbitrator’s decision is final and there will be no trial. The type of arbitration used in a case will depend on the nature of the case. Binding arbitration is appropriate when the parties want a third party to decide the outcome of their dispute and don’t want to go through the formality, time, and expense of a trial.

The second focus is, Understanding/recognition. This focus is described in the same book as:

This type of dispute resolution has been used to resolve labor/management and commercial disputes. As mentioned in the site: http://www.gama.com/HTML/history.html:

Mediation is more and more common. A major difference between mediation and the court is that in most cases mediation fees are shared between the parties. Although there was an increase in average costs for third-party resolution services to $6,800 in 2002 from $4,300 in 2001, the costs are still much lower than for a hearing. In the court both parties must pay for their own layer, which is a lot more expensive for both parties. For example, the average cost of civil lawsuits in Ontario is now about $40,000 . In most cases using mediation, an agreement will be reached after discussion between the parties and the help of the mediator. If this is not the case parties can choose arbitration which is a second alternative dispute resolution.

Some topics in this essay:
Arbitration Act, Justice Canada, Karl Slaikeu, Rules Arbitration, , York Convention, Act Act, Understanding/recognition Agreement/reconciliation, court system, dispute resolution, alternative dispute, alternative dispute resolution, mediation process, binding arbitration, arbitration court, parties choose, mediation court, opposed court, resolving disputes, Court Arbitration, book push comes, dispute resolution adr, push comes shove, dispute resolution court,

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Approximate Word count = 3216
Approximate Pages = 13 (250 words per page double spaced)


  

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