1. Proceedings vs. Alternative Dispute Resolution
Innovative dispute resolution technique.
Litigation is an expensive and time-consuming process. The expenses include the legal fees, court fees, and jurors" compensation. In today's high paced environment, time and cost-effectiveness is very critical to organizations and individuals. So they have to look at alternative dispute resolution techniques. .
Mediation is one of the alternative dispute resolution techniques. In this process, both the parties appear before a trained, neutral and third party mediator who facilitates the parties to reach a voluntary agreement. The mediator does not provide legal advice, evaluation or recommendation but helps in reaching an acceptable agreement between the disputing parties.
In a typical mediation process, which is structured, the mediator decides the logistics. The logistics includes the participants, time, date, venue and even the seating arrangements. The mediator then explains the ground rules to the parties and provides opportunity to each party to present their case. The parties are encouraged to question each other to fill the information gap and layout the areas of conflict. If necessary, the mediator may have private sessions with the parties.
As the parties agree to a mutually acceptable solution, a written agreement is signed by them which specifically details on the settlement and the future course of action. The mediator does not force a solution on the parties but rather facilitates in reaching a mutual agreement.
Alternative dispute resolutions techniques are being used more by everyone for the reasons mentioned above in this paper. Former President Clinton issued Executive Order 12988, "Civil Justice Reform". The Order directs that, "Whenever feasible, claims should be resolved through informal discussions, negotiations, and settlements rather than through utilization of any formal court proceeding. Where the benefits of Alternative Dispute Resolution ("ADR") may be derived, and after consultation with the agency referring the matter, litigation counsel should suggest the use of an appropriate ADR technique to the parties.
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 . ... 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. ... Since not all conflicts are the same, ADR can help reconcile specific cases. Mediation is the first form of alte...
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 . ... 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. ... Since not all conflicts are the same, ADR can help reconcile specific cases. Mediation is the first form of alt...
Alternative Dispute Resolution (or ADR) refers to a variety of ways in which parties can deal with disputes, including going to court. "ADR" is a broad umbrella term that encompasses several different avenues toward resolution, depending on the type of situation. ... This is the most common form of ADR; we do it in our everyday lives. ...
Introduction This memo is made to identify the general terms of the standby letter of credit from the contracting parties, the seller who is issuing the letter of credit is Nueva Vision in favor to the buyer which is the Spanish government. Nuvie vision signed a contract with the Government of Spai...
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In 1998 alone, the commission filed seventy such briefs.23 Mediation and Alternative Dispute Resolution Considering its caseload, it is not surprising that the EEOC has recently implemented a mediation-based alternative dispute resolution (ADR) program. ...
The subject of women in management has raised pressure on big companies to start vacating women as a representative of their boards of executive, reports on the FTSE has shown an increase of women on board, with an increase of from '12.5% in 2011 to 20.7% reached in 2014', (ADR, 2014). ...
Imagine you were driving along a desert, and you come across a desperate mother and child dying of thirst and barely strong enough to lift their heads? Would you help them? Sure you would. Now, suppose that family were immigrants trying to enter the United States without proper documents, would that stop you from helping them? And if it did, what could be said about your humanity? ...