Alternative Dispute Resolution
Effects of Action in Processing Cases
Name
Institution
Effects of Action in Processing Cases Alternative Dispute Resolution (ADR) also known as additional dispute resolution, is a name given to the various methods employed to resolve disputes that do not involve a courtroom trial. Individuals and organizations recognize the financial cost and divisiveness of courtroom trials and hence resort to alternative dispute resolution as a means of solving disputes. Many times, lawyers discourage their clients from going to trial and instead advise them to try ADR. A state like Colorado requires lawyers to discuss alternative methods of dispute resolution with their clients (MacKie, 1991). Some of the procedures followed in ADR include: negotiation, neutral fact-finding, early neutral evaluation, mediation, arbitration, summary jury trial, and mini-trial. Neutral fact finding is a process of evaluation that involves the use of a neutral expert in the applicable field who makes findings of fact. The expert’s report forms the basis of a negotiation, mediation or some form of dispute resolution (Atlas, Huber, & Trachte-Huber, 2000). In early neutral evaluation, the disputing parties make presentations to a neutral party who renders a non-binding opinion. Mediation is a non-binding facilitated negotiation process. Due to its high success rate, mediation is fast becoming the ADR method of choice. In mediation, the parties are the ones that come up with the resolution. Arbitration is a process that involves a hearing presided by a one or three-arbitrator panel. Evidence is presented to the panel at a formal hearing and a decision is made based on that evidence. The American Arbitration Association is one of the sources of arbitration rules. Mini-trial is an alternative dispute resolution (ADR) procedure that is used to resolve legal matters without incurring the expense and delay associated with court litigation (Karen Grover
Name
Institution
Effects of Action in Processing Cases Alternative Dispute Resolution (ADR) also known as additional dispute resolution, is a name given to the various methods employed to resolve disputes that do not involve a courtroom trial. Individuals and organizations recognize the financial cost and divisiveness of courtroom trials and hence resort to alternative dispute resolution as a means of solving disputes. Many times, lawyers discourage their clients from going to trial and instead advise them to try ADR. A state like Colorado requires lawyers to discuss alternative methods of dispute resolution with their clients (MacKie, 1991). Some of the procedures followed in ADR include: negotiation, neutral fact-finding, early neutral evaluation, mediation, arbitration, summary jury trial, and mini-trial. Neutral fact finding is a process of evaluation that involves the use of a neutral expert in the applicable field who makes findings of fact. The expert’s report forms the basis of a negotiation, mediation or some form of dispute resolution (Atlas, Huber, & Trachte-Huber, 2000). In early neutral evaluation, the disputing parties make presentations to a neutral party who renders a non-binding opinion. Mediation is a non-binding facilitated negotiation process. Due to its high success rate, mediation is fast becoming the ADR method of choice. In mediation, the parties are the ones that come up with the resolution. Arbitration is a process that involves a hearing presided by a one or three-arbitrator panel. Evidence is presented to the panel at a formal hearing and a decision is made based on that evidence. The American Arbitration Association is one of the sources of arbitration rules. Mini-trial is an alternative dispute resolution (ADR) procedure that is used to resolve legal matters without incurring the expense and delay associated with court litigation (Karen Grover
References: Cahn, N. (2011, February 20). Nassau County May Require a Mandatory Mediation Session in Divorce Cases. Retrieved from DIVORCE: NEW YORK: http://www.divorceny.com/settlement/nassau-county-may-require-a-mandatory-mediation-session-in-divorce-cases/ Eavenson, P. A. (1998). Mandatory Divorce Mediation: The Impact on the Courts. C.E.D.P. Karen Grover Duffy, J. W. (1991). Community Mediation: A Handbook for Practitioners & Researchers. New York: Guilford Press. MacKie, B. K. (1991). A Handbook of Dispute Resolution: Adr in Action. London: Routlege.