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Alternative Disputes Resolution – ADR

Alternative Disputes Resolution

Alternative Disputes Resolution - ADR

Alternative Disputes Resolution – ADR

 

Definition

Besides than court system, there are other ways for people to solve their disputes. Due to the inefficiency of the court system, two main alternative dispute resolutions such as mediation and arbitration are to be introduced. Alternative Disputes Resolution also known as ADR refers to settling the disputes outside the court. ADR includes neutral evaluation, negotiation mediation and arbitration. As the court queues increase, rising costs of litigation and time delay, ADR program is introduced. Mediation is a completely voluntary and confidential form of alternative dispute resolution. It is also a fair and efficient process to help employer resolve employment

disagreement and reach an agreement. In mediation process, it involves an independent and fair person helping two or more individual or groups to reach a solution that is agreeable and acceptable by everyone. Mediator can talk to both sides together and separately.

Mediators do not make judgement or decision. They ask question that help to solve problems and assist both parties to understand the issues and help them to clarify the options for resolving their differences. By choosing a mediator, it can resolve employment discrimination disagreement by promotes a better working environment and reducing costs. The aim for mediation is to restore and maintain the employment relationship. Which means the main focus is working together along, not to determine who was right or wrong in the past. Many kinds of argument can be mediate if those involves want to find a way to move forward.

The main advantages of this mediation are allowing both parties to control the process and the solutions. 

 

In 1958, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards was drafted to aid in the enforcement in domestic courts of awards granted in foreign countries. As of August 2007, there were 142 countries participating in the convention. In 1970, the United States joined the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

  

What is involved in an alternative dispute resolution?

Alternative Dispute Resolution (ADR) is the procedure for settling disputeswithout litigation, such as arbitration, mediation, or negotiation. ADR procedures are usually less costly and more expeditious.

 

What do you mean by ADR?

An American depositary receipt (ADR) is a negotiable certificate issued by a U.S. bank representing a specified number of shares (or one share) in a foreign stock that is traded on a U.S. exchange. ADRs are denominated in U.S. dollars, with the underlying security held by a U.S. financial institution overseas.

 

What is the meaning of dispute resolution?

Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict, dispute or claim. Dispute resolution may also be referred to as alternative dispute resolution, appropriate dispute resolution, or ADR for short.

 Binding and Non-binding Arbitration 

Arbitration is much like a trial, in that the parties can call witnesses, present evidence, and argue the merits of their case to a neutral decision maker. In many jurisdictions, civil litigants whose claims do not exceed a certain dollar amount may be ordered to attend arbitration by the court, in an effort to keep the court’s docket clear for more substantial lawsuits. Local court rules may also allow litigants to elect for their case to be sent to arbitration regardless of the claim’s amount. In doing so, the parties can agree that the results of the arbitration will be binding or non-binding. In non-binding arbitration, the loser can afterwards request a new trial in the civil court. 

ADR can also take the form of an evaluation and mediation-type proceeding overseen by a legal professional with specialized training in the subject of the dispute. For example, parties in a construction defect lawsuit may agree to present their evidence to a neutral individual who is both an attorney and an architect. This person will know more about proper construction techniques than a judge or jury, and may be able to help the parties resolve their differences at a far lower cost than traditional litigation. 

 Cases for Which Arbitration May Be Appropriate
Arbitration is best for cases where the parties want another person to decide the outcome of their dispute for them but would like to avoid the formality, time, and expense of a trial. It may also be appropriate for complex matters where the parties want a decision-maker who has training or experience in the subject matter of the dispute.

 

ADR BENEFITS

 Using ADR may have a variety of benefits, depending on the type of ADR process used and the circumstances of the particular case. Some potential benefits of ADR are summarized below. 

Save Time
A dispute often can be settled or decided much sooner with ADR; often in a matter of months, even weeks, while bringing a lawsuit to trial can take a year or more.

Save Money
When cases are resolved earlier through ADR, the parties may save some of the money they would have spent on attorney fees, court costs, experts’ fees, and other litigation expenses.

Increase Control Over the Process and the Outcome
In ADR, parties typically play a greater role in shaping both the process and its outcome. In most ADR processes, parties have more opportunity to tell their side of the story than they do at trial. Some ADR processes, such as mediation, allow the parties to fashion creative resolutions that are not available in a trial. Other ADR processes, such as arbitration, allow the parties to choose an expert in a particular field to decide the dispute.

Preserve Relationships
ADR can be a less adversarial and hostile way to resolve a dispute. For example, an experienced mediator can help the parties effectively communicate their needs and point of view to the other side. This can be an important advantage where the parties have a relationship to preserve.

Increase Satisfaction
In a trial, there is typically a winner and a loser. The loser is not likely to be happy, and even the winner may not be completely satisfied with the outcome. ADR can help the parties find win-win solutions and achieve their real goals. This, along with all of ADR’s other potential advantages, may increase the parties’ overall satisfaction with both the dispute resolution process and the outcome.

Improve Attorney-Client Relationships
Attorneys may also benefit from ADR by being seen as problem-solvers rather than combatants. Quick, cost-effective, and satisfying resolutions are likely to produce happier clients and thus generate repeat business from clients and referrals of their friends and associates.

 

Attorney Representation in ADR Cases 

If you are looking to cut short the litigation process, ADR may be the answer. But regardless of the type of ADR proceeding you are contemplating, you need independent advice to protect your interests.

 Contact us to learn more about the benefits of resolving your case out of the courtroom. 

 

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