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The paper looks at negotiation, early neutral evaluation and mediation and explains how arbitration, the summary jury trial and the mini-trial work. The paper discusses how individual litigant personalities play a major role in the alternative dispute resolution (ADR) process and shows how ADR has become a significant means of dispute resolution. The paper questions whether ADR is leading to a real increase in settlements and asserts that the fact that people report being more satisfied with the results of ADR over litigation makes ADR worth pursuing in the future.
From the Paper:"Through almost all of its history, the U.S. legal system has been an adversarial system, characterized by two parties entering into a legal dispute, with only one party emerging as the winner. The two sides have traditionally come together in conflict and the legal system has done little to repair underlying relationships or ensure satisfaction from both parties. Alternative dispute resolution (ADR) has changed the face of justice in America. With ADR, both parties can expect to find some sort of justice and satisfaction from the resolution to a legal dispute. This is due to the fact that ADR permits a broader range of solutions than those established by law. ADR permits the parties to get to the root of the problem, instead of simply focusing on monetary damages and monetary compensation. In addition, because the rules of ADR are frequently less stringent than the rules of litigation, ADR can be less expensive, in both time and money, than traditional litigation."
Sample of Sources Used:
- Ben-Ari, Rachel and Itzhak Hirshberg. "Attachment Styles, Conflict Perception, and Adolescents' Strategies of Coping with Interpersonal Conflict." Negotiation Journal 25.1 (2009): 59-82. Wiley Interscience. 9 Mar. 2009 http://www3.interscience.wiley.com/cgi-bin/fulltext/121639915/HTMLSTART
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- Druckman, Daniel, Mara Okekalns, and Philip Smith. "Interpretive Filters: Social Cognition and the Impact of Turning Points in Negotiations." Negotiation Journal 25.1 (2009): 13-40. Wiley Interscience. 9 Mar. 2009 http://www3.interscience.wiley.com/cgi-bin/fulltext/121639919/HTMLSTART
- Fisher, Roger, William Ury, and Bruce Patton. "Negotiation Power: Ingredients in an Ability to Influence the Other Side." Negotiation: Strategies for Mutual Gain. Ed. Lavinia Hall. Thousand Oaks: Sage, 1993.
- Gumbiner, Kenneth. "An Overview of Alternative Dispute Resolution." Alternative Dispute Resolution: The Litigator's Handbook . Eds. Nancy Atlas, Stephen Huber, and E. Wendy Trachte-Huber. Chicago: American Bar Association, 2000. 1-16.
Cite this Term Paper:
Forms of Alternative Dispute Resolution (2010, December 26) Retrieved August 15, 2022, from https://www.academon.com/term-paper/forms-of-alternative-dispute-resolution-146432/
"Forms of Alternative Dispute Resolution" 26 December 2010. Web. 15 August. 2022. <https://www.academon.com/term-paper/forms-of-alternative-dispute-resolution-146432/>