LAW 421
Dispute Summary Paper
Alternative Dispute Resolution (ADR) is an important aspect of the court’s structure in that it allows disputes to be resolved without the need for litigation. The different types of this key alternative will be discussed along with a pros and cons of each alternative type. A personal perspective of how ADR has worked for me in the past will be included as well as what type was used.
What is ADR
The definition of ADR is an acronym for alternative dispute resolution. Alternative dispute resolution is a program put in place to help resolve civil cases reach an agreement prior to entering the court. This program helps the court and individuals reach an agreement in a cost effective manner. It is also a requirement in certain counties across the nation in order to avoid costly litigations and give chance to resolution without involving the court.
Types of ADR
The court offers four different types of alternative dispute resolution which are arbitration, early neutral evaluation (ENE), Mediation, settlement conference with a magistrate judge. All of these types have pros and cons but ultimately the biggest con would be that regardless of these alternatives many cases continue to …show more content…
The pro is that there can be a panel of arbitrators which consist of three arbitrators. The counsel may serve subpoenas and present evidence or other key components as if it were a trial but more informal. A con may be that the proceedings are recorded and can be used in trial. The con would be that if agreements aren’t reached then both sides have insight to each-others approach which could then drag on litigations (© 2011 United States District Court, Northern District of California,