Sunday, July 28, 2019
ALTERNATIVE DISPUTE RESOLUTION (easy work) Research Paper
ALTERNATIVE DISPUTE RESOLUTION (easy work) - Research Paper Example In clearer terms, ADR refers to the processes of solving disputes outside the judicial process or formal litigation. In fact, the judicial system/process is currently encouraging and requiring conflicting parties to utilize the Alternative Dispute Resolution processes, particularly mediation, prior to taking such cases before a court of law. There are four other main types of Alternative Dispute Resolution namely negotiation, mediation, arbitration, and collaborative law (Lynch, P. 213). In fact, conciliation is also considered a type of Alternative Dispute Resolution. Except in negotiation, all the other categories of Alternative Dispute Resolution involve the presence of a neutral person who provides fair opinions while facilitating or making decision in ADR processes. However, the collaborative law processes such as collaborative divorce requires both parties to have counsels who are experts at following the details of the contracts or terms involved such issues. Among the disputes or conflicts in which ADR techniques have been particularly useful include family matters such as divorce, professional liability disputes, insurance issues/disputes, and personal injury situations. There are several advantages for which the use of Alternative Dispute Resolution has become prominent in recent times. These advantages include more efficiency, cost-effectiveness, and greater satisfaction for all parties involved. In fact, great deals of civil cases such as marital dissolutions have been settled using Alternative Dispute Resolution techniques (Lynch, P. 213). Due to the recognized effectiveness of ADR as a tool for dispute resolution, judicial systems world over have adopted the practice of providing conflicting parties and their lawyers with information about and the option of ADR, more so in civil cases. This paper explores the concept of Alternative Dispute Resolution with regard to its advantages,
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