Abstract This paper discusses the advantages of taking alternative dispute resolution rather than legal action and the specific conditions under which it is more beneficial. This paper shows us that the advantages of alternative dispute resolution are not universal, nor automatic, but should be the result of early screening and careful decision making.
Contents:
Overview
Overview of Alternative Dispute Resolution
Reported Advantages of Alternative Dispute Resolution
Recommendations
Conclusion
From the Paper "Alternative dispute resolution describes the settling of disputes outside of a traditional legal arena (Legal Information Institute). Alternative dispute resolution can be used in almost any type of situation. This can include family, neighborhood, housing, and environmental disputes. Dispute resolution can be used in a number of business situations, including personal injury, employment, and consumer disputes (Center for Analysis of Alternative Dispute Resolution Systems). Alternative dispute resolution is also sometimes called dispute resolution or appropriate dispute resolution (Center for Analysis of Alternative Dispute Resolution Systems).
Alternative dispute resolution is actually a catch-all term that refers to a number of different processes used to resolve disputes. In reality, there are a number of different types of dispute resolution processes. These include arbitration, early neutral evaluation, mediation, a mini-trial, negotiation, neutral fact-finding, ombuds, private judging, settlement conferences, a summary jury trial (Center for Analysis of Alternative Dispute Resolution Systems), and conciliation (Legal Information Institute). Arbitration and mediation are the most common forms of disputer resolution (Legal Information Institute)."
This paper examines the effectiveness, in business, of utilizing various conflict system techniques in lessening the negative impact of arguments and disputes while at the same time encouraging nonviolent resolutions.
Abstract The writer of this paper details the various conflict system techniques available which allow concerned parties to integrate these methods and analytical abilities of dispute resolution by dispersing animated opinions, recognizing concerns while at the same time putting aside hard feelings. This paper contains an overview of the theoretical foundation for implementing conflict systems techniques. This paper examines the theoretical foundation behind the use of conflict system techniques which in effect allows the concerned parties to decrease differences while assisting them in simplifying the pertinent concerns of the organization through peaceful means. This paper discusses how the utilization of conflict system techniques, when applied correctly, particularly in business, lessens the influence of arguments and disputes and encourages nonviolent resolutions at the same time.
Table of Contents:
Introduction
The Application of Dispute Resolution Techniques
New Challenges Presented by the Application of these Techniques
Mediation
Arbitration
Conclusion
From the Paper "The process of mediation not only saves time but also avoids extravagant spending of financial resources. Normally, the process of mediation lasts less than one working day and can be arranged according to the party's convenience. Furthermore, the mediation course costs approximately 40% to 90% rates of settlement. In contrast to the courts, the charges of an attorney are comparatively less in the mediation process. In addition, other charges of defense such as the specialized witness costs, as well as the costs of deposition are also removed. Also, since the concerned parties do not leave the office at any point during the mediation process, the loss of work is substantially less and so is the loss of their income."
Abstract This paper discusses the refusal of one company to promote a female employee to the supervisor position after promising to do so. It includes the background of the dispute, its resolution, the effectiveness of the resolution and its outcome and finally an analysis of the conflict resolution process. Several issues are discussed such as employee gender, management policies, human relations, compensation and more.
From the Paper "The dispute occurring is between an employee and a supervisor. The employee has worked for the company for three years, working towards a position as a supervisor. This was noted in their performance review and was also incorporated into their work plan. The employee both worked and completed studies in business to assist them in gaining the expected promotion. After three years, the promotion became available. The employee was told by their supervisor that they would not be getting the promotion but that somebody else would be hired from outside of the organization. The position was advertised and a new person recruited. The employee enquired as to why they would not be considered for the position but was given no direct answer. Their employment record had no problems so the employee was left to assume that the only reason for their not getting the promotion was their gender, being that all other supervisors in the company were male, including their boss and that they were female."
Abstract This paper examines the progress made and problems of interpretation that have arisen under the World Trade Organization (WTO) Agreement in the handling of international trade disputes. It also looks at WTO rules and procedures.
From the Paper "This research paper examines the progress made and problems of interpretation which have arisen under the World Trade Organization WTO Agreement in the handling of international trade disputes. In general the panels and Appellate Body..."
Tags:Dispute Resolution, WTO, Appellate Body Anti-Dumping cases, Trade
Abstract The paper is an economic geography discussion of the regional effects of the softwood lumber dispute in Canada. The paper argues that British Colombia is the biggest loser economically of this resource, with the current level of taxes and tariffs. The paper notes how as British Colombia's industry declines, the industries in other provinces improve.
From the Paper "The economic development of Canada has largely been dependent on the extraction or harvesting of natural resources. Economies based on the extraction or harvesting are generally known as staples economies. In Resources Dean M. Hanink states, "Staple production, consisting of direct exploitation and initial processing of natural resources, or staples, began with the Atlantic Fisheries in the late fifteenth centuries and early sixteenth centuries, and progressed to the interior with the growth of European demand for fur. Expansion into Canada's interior occurred in response to the development of the timber industries of lumber and pulp" (Hanink 235)."
Abstract Over the past few decades, there has been a dramatic change in the way that businesses and courts approach dispute resolution. Businesses are now encouraged to resolve disputes by alternative methods, such as mediation and arbitration, rather than take all disputes to court.
This paper shows that effective dispute resolution is vital to the reputation of businesses, as well to the growth of trade and investment. Many methods of dispute resolution attempt to resolve conflicts that do not involve an alleged violation of law. This paper discusses Alternative Dispute Resolution (ADR) which refers to any form of mediation or arbitration and their use in resolving disputes and is largely used amongst companies worldwide to resolve business disputes. The paper shows that many ADR approaches are very flexible and include early neutral case evaluation, facilitation, conciliation, mediation, arbitration, negotiation, or any other dispute resolution method that may be appropriate for a particular dispute. The paper looks at the reasons behind the increasing popularity of ADR including the fact that a growing number of legal mandates require the use of mediation and arbitration to resolve disputes.
From the Paper "Companies around the globe have used arbitration and mediation to settle a variety of disputes. For example, in the United States, arbitration and mediation are often used to settle labor disputes that are rooted in conflicting interpretations of existing employment contracts, construction disputes between general contractors and subcontractors relating to construction damage claims, or between contractors and owners relating to the nature of work and payment clauses in employee contracts, and shareholder disputes concerning the valuation of stock in closely held companies (Riskin, 1997, p. 277-279)."
Abstract In today's society, lawyers are encouraged to present the option of pursuing alternate dispute resolution to clients as a matter of good practice and lawyers who fail to do so may be subject to malpractice liability. This paper explores the growing popularity of alternate dispute resolution (ADR) due to the high costs, both financially and to relationships, of traditional litigation.
Subtitles in the Paper: Alternate Dispute Resolution; Ethics and Dispute Resolution; The Costs of Conflict; Ethical Issues in Choosing Whether and How to Mediate; Client Satisfaction; Methods of Dispute Resolution in Businesses; The Role of Counsel; Results of Alternate Dispute Resolution; A Lawyer's Duty to Advise About ADR; Ethical Rules of ADR; Lawyer as Client Representative or Advocate; Lawyers as Neutrals; Conflict of Interest; Malpractice and Negligence; History of ADR; Everyday Disputes; Determining the Role of a Mediator; Conclusion.
From the Paper "Alternate dispute resolution is a practical business and personal solution, as there are significant costs associated with different ways of resolving disputes, which often outweigh the conflict itself .
The direct costs associated with disputes include the fees of lawyers and other professionals. In 1994, nearly 18 million cases were filed in U.S. courts at a cost of $300 billion.
Productivity costs involve the value of lost time, or the cost of what those involved would otherwise be producing. Continuity cost is the eventual end of relationships that would have continued without the conflict. Emotional cost reflects the pain of focusing on emotions and the problems this can cause psychologically."
Tags: American, Bar, Association, ABA, ombuds, Supreme, Court
Abstract Using a fictitious work dispute, as well as Stephen P. Robbins text entitled "Organizational Behavior", this paper discusses various theories which might be applied to work through the dispute and resolve it. The paper begins by describing the hypothetical workplace dispute - a disagreement over the terms of a new employment contract between a professional sports league's owners and players. It then defines the term 'conflict', using both Robbins' definition of conflict from the text, as well as the author's own interpretation of conflict. The paper thereafter discusses the desired negotiation outcomes from the perspective of both the players as well as the owners concerning the dispute. It does this by discussing Robbins' distributive bargaining and integrative bargaining, as well as forms of negotiation. The paper then talks about several decision-making biases that hinder the dispute resolution effort, citing several scenarios that could result because of these different biases. Finally, the paper concludes by summarizing everything in a final paragraph.
From the Paper "While it would be preferable for the players and management to seek an integrative solution to their workplace dispute that will result in positive benefits for all, they will have to overcome several decision making biases that may hinder their negotiations. The biggest problem they may run into is engaging into is an irrational escalation of commitment. Robbins defines this as a situation where people continue a previously selected course of action beyond what rational analysis would recommend, because of the time and money they have already invested in pursuing that action (Robbins 585). Because of the emotional highs on both sides and the public scrutiny that are placed on the negotiations, both sides may be reluctant to give any ground or demonstrate any weakness at the negotiation table. Thus, both sides might willingly jump off a cliff together and engage in a work stoppage that will be detrimental to both of their interests."
Abstract In the past, duels and showdowns were commonplace methods of dispute resolution, but things have changed. Perhaps as a reflection of a more complex society or a growing recognition of individual rights, the United States has experienced an enormous increase in the number of lawsuits filed over the last half of the 20th century. However, when people and businesses are faced with resolving problems in a fair and equitable manner, they have many other options available to them, which have become increasingly popular as court calendars continue to lengthen. Alternative dispute resolution has greatly expanded over the last several years to include many areas in addition to the traditional commercial dispute; mediation has become an important first step in the process. This paper provides an overview of alternative dispute resolution methods and approaches, a discussion of potential drawbacks and constraints, and an assessment of whether these methods are appropriate for the public sector. A summary of the research is provided in the conclusion.
From the Paper "Some jurisdictions and courts in the U.S. require early neutral evaluation. Under early neutral evaluation, parties to litigation are required to make presentations to a neutral evaluator. The evaluator is engaged to provide both parties with an assessment of the strengths and weaknesses of their respective positions, and to facilitate disputes. Courts in some jurisdictions may have case management conferences at which time staff counsel or other court officers may take active roles in promoting settlement discussions."
Abstract "Trademarks and domain names are a poor fit. One admits many users to a particular space, the other admits only one,? says Diane Cabell of the Berkman Center for Internet and Society at the Harvard Law School. The paper critically examines this statement, while explaining how trademark and domain names disputes are resolved currently. The current practices involving cyberspace disputes are analyzed in terms of fairness and allocation of Internet resources of businesses. The paper also examines whether trademark laws should be applicable for resolving trademark and domain name disputes in cyberspace. Related case studies are highlighted and discussed.
From the Paper "When an individual applies for a trademark, the trademarks are subjected to restrictions before they can be registered. Domain names on the other hand are on a first-come first serve basis. There is no legislation over what can be registered. Domain name applicants don?t need to show that they are the rightful owners and that means anyone can register any available domain name. It is much like the Wild West where the fastest and strongest will be able to register that particular domain name. Given such anarchy in cyberspace, it shows the inherent difficulty in governance."
Abstract This paper explains a distinguishing feature of alternative dispute resolution is that the decision is made by an individual who is completely impartial in that decision and who refers to some standard rights, duties, law or common-law, and then applies some credible and authoritative body of rules or precedents. The author points out the characteristics of the process is a quick solution, confidential and without prejudice, in which the parties can discuss and debate the dispute before the dispute is a locked-in condition. The paper stresses that the importance of the individual being properly informed of the legalities in the mortgage ADR process because, within the mortgage lending company sector, there are mortgage companies considered to "predators in lending," charging unnecessary premiums in insurance and excess interest.
Table of Contents
Statement of Thesis
Introduction
Characteristics of the ADR Process
Characteristics within the Mortgage Company ADR Process: A Fictitious Example
The Applied Process of Alternative Dispute Resolution
Summary and Conclusion
From the Paper "A scenario is given in the work entitled 'First City Bank and the Press-Developing a Public Relations Strategy" is that in which a mortgage company scam has been discovered and has been published in the local paper. First City Bank is stated as being involved through having offered "allegedly high interest rate loans in low-income and minority neighborhoods as well as a high number of foreclosures in these areas." Further stated is the fact that private mortgage companies have been accused of collusion in relations with contractors and that the blame has been placed on the government within the city."
Abstract This paper discusses how in an increasingly heterogeneous American society, the formality of courts and their adherence to the traditional adversary model has led to the recent emergence of several methods of alternative dispute resolution (ADRs). It examines how some of these methods, which include mediation, negotiation and arbitration, provide an alternative to litigation and have several advantages. It attempts to show that mediation is the most effective form of alternative dispute resolution, by examining the current system, the adversarial system and what aspects of this system create the need for alternative forms of dispute resolution. It also compares its advantages to the other forms of alternate dispute resolution.
From the Paper "In examining the reasons for the need of alternative dispute resolution, it is necessary to analyze the current method of resolving conflict in the American legal system. This system, known as the adversarial system, bases its existence on the central tenet "that conflict resolution is best achieved through an adversary process" (Levett Notes). This consists of two parties in a courtroom represented by an appointed advocate who is familiar with the law. The advocate presents his client's case before the judge, an independent fact-finder who weighs the merits of the case and evaluates their consistence with the law. This system is different from the inquisitorial system, which is used primarily in Europe, and has several crucial distinctions from the adversarial system."
Abstract The paper examines the various methods of dispute resolution that are available to parties and critically examines the various disadvantages and advantages of the most popular methods of alternative dispute resolution (ADR). It also examines litigation and discusses to what extent ADR has replaced litigation.
From the Paper "The case management introduced by Lord Woolf has encouraged the use of ADR and CPR rule 44 has meant that severe cost penalties can be imposed by the courts if ADR is not considered or is refused unreasonably. This is demonstrated in the case of Dunnett , here Railtrack had successfully defended an appeal from Dunnett and sought its costs, when the trial judge had granted Dunnett leave to appeal he advised her to consider ADR, she approached Railtrack but they refused the ADR. The Court of Appeal held the parties had a duty to further the overriding objective of the CPR and that this included considering ADR, in this case Railtrack had failed to do this before the cost of the appeal had begun to accumulate. This attitude by the courts demonstrates the importance that is placed on ADR and it puts it at the centre of the civil justice system."
Abstract The paper offers an understanding of the dispute resolution methods in India, with a focus towards the emerging trend towards alternative dispute resolution (ADR). The paper explores the rationale behind the ADR movement to assess its usefulness in terms of realizing the ends of justice. The paper includes footnotes instead of a bibliography.
Outline:
Archetypes of Disputes Determination
Seeking ADR
Legitimization of ADR
From the Paper "Discords are bound to arise in a society and the ingenious human mind has devised ways and means to resolve the same. The phenomenon, law, itself can be seen as a result of the quest to address potential problems. The nature has endowed people with rationality. Through the medium of State norms and institutions were created for securing social order and to attain the ends of justice. State function through its different organs and judiciary is one among them directly responsible for the administration of justice. The judiciary is the tangible delivery point of justice in a layperson's perception. Resolving disputes is fundamental to the peaceful existence of society. Therefore effective and efficient systems for determination of disputes become an obvious appendage."
Abstract This paper details a scenario of a fictitious work dispute between an employee and supervisor and subsequently the entire staff, after the employee was not promoted as agreed. The paper then presents four options for solving the dispute - authoritative command, problem solving, compromise and expansion of resources.
From the Paper "The dispute occurring began between an employee and a supervisor. The employee had worked for the company for three years, working towards a position as a supervisor. This was noted in their performance review and was also incorporated into their work plan. The employee both worked and completed studies in business to assist them in gaining the expected promotion.
"After three years, the promotion became available. The employee was told by the department manager that they would not be getting the promotion but that somebody else would be hired from outside of the organization. The position was advertised and a new person recruited.
The employee enquired as to why they would not be considered for the position but was given no direct answer. The employee initiated discussion with their boss to find out the reasons for their non-promotion, but was given no specific reasons."
