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)."

Tags:litigants, Legal, Information, Institute, appropriate, dispute, resolution, arbitration, jury, trial, mediation, settlement

Abstract
This paper discusses how a mediator can develop as a professional adept at dealing with difficult personalities who find their way into Alternative Dispute Resolution settings. The paper provides a commentary on assumptions to do with ADR, claims to its success, and the nature of ADR proceedings, as compared to timeless matters of human nature and personality. The paper discusses how a skilled mediator appreciates how to work well with difficult people and also is skilled in gaining the attention of parties.

From the Paper
"Alternative Dispute Resolution (ADR) is increasingly used in Canada and other English-speaking countries to settle a range of private and public sector matters that might otherwise involve court proceedings or formal arbitration. The central feature of parties engaging in a process of mediation can seem ideal in the promise of workable compromises, capitalizing on communication before disputes take on hardened adversarial positions. Proponents of ADR note how parties tend to speak more openly, issues discussed transparently as compared to court proceedings that may..."

Tags:alt dispute r, prof style, difficult personalities

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 inquired 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."

Tags:employee, supervisor, promotion, position, dispute, company, business, female

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)."

Tags:softwood, lumber, dispute

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)."

Tags:evaluation, ombuds, Interstate, Commerce, Act

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."

Tags:labor, luxury, tax

Abstract
This paper relates that, in the past, the dispute between Canada and the US over the proper maritime boundary in the Beaufort Sea did not matter; however, now, the ice is melting for part of the year, which creates the ability to exploit the resources beneath the seafloor. Next, the author explains the ways that joint development agreements (JDA), a relatively new phenomenon in international relations, have been used to resolve similar disputes between other countries, especially Sudan and Saudi Arabia. The paper concludes that the best approach to solving the problem is a JDA for both Canada and the US to explore and exploit the Beaufort Sea resources in the most efficient and responsible manner. The bibliography is in the footnotes.

Table of Contents:
Introduction
History of the Dispute
Why the Dispute Matters
International Dispute Resolution Regimes
International Joint Development Agreements
A JDA is the Best Option to Resolve the Beaufort Sea Issue
Conclusion

From the Paper
"The main issue that remains is sovereignty. Historically, in Canada as in the US, it is unacceptable to negotiate sovereignty. The great thing about JDA's, however, is that sovereignty can either be set aside to deal with at a later date, or as in Sudan - Saudi Arabia, the parties can agree to joint sovereignty. Both paths would work for the US and Canada over the Beaufort Sea as the legal systems, governments, and cultures are already so similar. I predict, were the US and Canada to enter into a JDA that they would "agree to disagree" and set sovereignty aside."

Tags:concessionaires, open water, sovereignty oil, environmental standards

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."

Tags:impartial, standard, quick, confidential, foreclosures

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."

Tags:adr, arbitration, conflict