Alternative Resolution

In: Business and Management

Submitted By ahenry2010
Words 725
Pages 3
Alternative Dispute Resolution known as ADR is referred to a means of settling disputes outside of the courtroom. Some of these cases typically include neutral evaluation, negotiation, conciliation, mediation and arbitration. The purpose of Alternative Dispute Resolution is to mitigate the cost of discovery and to facilitate the quick resolution of a case. Alternative Dispute Resolution process is mostly chosen over trail in these cases because it is less formal, and it allows clients to have more control over the results of the case (Cornell University Law School).
As stated previously there are many different types of Alternative Dispute Resolution cases throughout the United States. The two most common cases are mediation and arbitration. Mediation is very informal and the most common alternative to litigation. Mediation is when both parties get together with their lawyers and a highly trained mediators. Mediators are trained negotiators According to Cornell Law School; mediation is used for a wide gamut of case-types ranging from juvenile felonies to Federal Government negotiations with Native American Indian tribes. Mediation has also become a significant method for resolving disputes between investors and their stockbrokers (Cornell University Law School). The other most common form of Alternative Dispute resolution is arbitration. Arbitration involves a panel of three attorneys who evaluate both sides of the case and recommends a settlement amount. Usually each party selecting one lawyer and the two lawyers select the third selects the three lawyers. This process also allows fore more of an accurate and more creditable decision to the settlement outcome. With arbitration the defendant or plaintiff has the ability to reject the outcome and come back with another offer at least 10% of the recommendation or face the possibility of court sanctions…...

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