Alternative Dispute Resolution (ADR) Methods Term Paper by SBurtis

Alternative Dispute Resolution (ADR) Methods
An overview of alternative dispute resolution methods and their merits and drawbacks.
# 152660 | 1,329 words | 3 sources | APA | 2012 | US
Published on Apr 11, 2013 in Business (Law) , Business (Management) , Business (Human Resources)


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Description:

The paper defines alternative dispute resolution, (ADR), as a method organizations and individuals use to resolve dispute without resorting to litigation, and identifies the types of ADR that include mediation, arbitration and neutral evaluation. The paper considers the pros and cons of each of these ADR methods and discusses the process of litigation in a court of law in the case that a dispute cannot be solved through ADR. Finally, the paper presents a summary and analysis of a scenario where mediation proved effective.

Outline:
ADR Defined
Types of ADR
Pros and Cons
No ADR Resolution - Options for Proceeding to Litigation
Dispute Summary and Analysis

From the Paper:

"Mediators are trained to negotiate. They bring disputing parties together in order to talk about their disagreements and to find a reasonable solution to the problem. Mediation is used in a wide number of industries and situations. The mediator is an impartial and objective party who guides the meeting of parties and maintains a semblance of peace by helping them to find middle ground. Mediation is only effective if the parties eventually come to an agreement.
"Arbitration is similar to a court trial. It includes a process of discovery and the presentation of evidence under simplified rules. Arbitrators are much like lawyers. The opposing parties can share one arbitrator or choose to have separate arbitrators who will then choose a third to sit on the arbitral panel. This ADR method is popular in construction and labor disputes, and it has been used in securities regulation; however, many modern businesses are now utilizing arbitration to solve their disputes. Arbitration agreements are enforceable by both state and federal laws (Alternative Dispute Resolution, n.d.).
"While mediation and arbitration are the most commonly utilized methods of alternative dispute resolution, and methods not discussed within this paper do exist, there are a few methods that are becoming more widely recognized than others. Neutral evaluation saves opposing parties time and money by avoiding discovery procedures."

Sample of Sources Used:

  • Alternative Dispute Resolution: A Resource Guide. (n.d.). U.S. Office of Personnel Management. Retrieved August 8, 2012, from http://www.opm.gov/er/adrguide/section1-a.asp
  • Alternative Dispute Resolution. (n.d.). Legal Information Institute (LII). Retrieved August 8, 2012, from http://www.law.cornell.edu/wex/alternative_dispute_resolution
  • Lieberman, A. (2002). Mediation, Arbitration or Litigation: How Employers Can Evaluate the Options. Insight Employment. Retrieved August 8, 2012, from http://www.insightemployment.com/docs/EVALUATINGoptions.pdf

Cite this Term Paper:

APA Format

Alternative Dispute Resolution (ADR) Methods (2013, April 11) Retrieved November 23, 2020, from https://www.academon.com/term-paper/alternative-dispute-resolution-adr-methods-152660/

MLA Format

"Alternative Dispute Resolution (ADR) Methods" 11 April 2013. Web. 23 November. 2020. <https://www.academon.com/term-paper/alternative-dispute-resolution-adr-methods-152660/>

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