...Alternative Dispute Resolution Paper Krista Brown LAW/531 August 5, 2015 Instructor: Beth Ann Lee Alternative dispute resolution (ADR) is defined as a forum or means for resolving disputes (such as arbitration or private judging) that exists outside the state or federal judicial system (Mallow, Barnes, Langvardt, Prenkert, & McCrrory, 2015, pg. G-1). ADR can be done through stages of communicating and agreeing rather than taking place in a long drawn out process in court. Arbitration and mediation are the-two primary forms of ADR, although there are others (Peterson, 2012). Allowing the parties to find a resolution that works for both is the most cost effective way to resolve a dispute. Regardless of profitability, size, ownership, or industry sector, all businesses share a common problem: conflict and conflict resolution (McDowell & Sussman, 2004). Avoiding ADR can result in an exorbitant amount of unnecessary legal fees for both parties. Alternative dispute resolution emphasizes mutual problem solving and broadens options for resolving conflicts in hopes of minimizing hostility (McDowell & Sussman, 2004). If ADR is not utilized, the other option is litigation. While litigation is an option, it is typically used as a last resort due to the fact that it is much more expensive and time consuming. Opperman’s (2000) study found the following: ADR effectiveness in twenty-nine medical malpractice claims against the government handled by Assistant U.S...
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...Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.[2] Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.[3] Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Alternative dispute resolution From Wikipedia, the free...
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...Traditional and Non-traditional Option 1 Allison Eastman Law 531 Monday April 9th 2012 John Fossum Traditional and Non-traditional Litigation Option 1 In America a person has a choice as to how they want to file a lawsuit. The petitioner can file a suit through traditional forms of litigation such as the judicial dispute resolution) or by using non-traditional forms like alternative dispute resolution or ADR. Below I will talk about the judicial dispute resolution system. The Judicial Dispute Resolution (JDR) The judicial dispute resolution has four important phases: pleadings, discovery, dismissals and pretrial judgments, and settlement conference (Cheeseman, 2010). In the pleadings phase the plaintiff files documents to the court to initiate and respond to a lawsuit. The pleadings process entails the complaint, the answer, the cross-complaint and the reply (Cheeseman, 2010).After the pleading phase comes the discovery phase the parties involved engage in many activities to find out the facts of the case from the other party and witnesses before the trial. This phase helps prevent any surprises by letting the parties involved prepare before trial. There are several main types of discovery that are used in the legal process: the disposition, interrogation, production of documents, and a physical or mental examination. The next step would be the dismissal and pretrial judgments phase. Parties involved in the suit can try to dispose of all or part of a suit before it...
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...LAW 531 WEEK 1 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-1 Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 1 Introduction The cost of taking a lawsuit to court can be very expensive for a business or company. Knowing that are more option available to you to weigh your option before take a lawsuit or a case to trial could save you time and money. Not every case even makes it to the courtroom because they are solved outside the through alternative dispute resolution, ADR. Understanding how a ADR works and the process of going through the courts are valuable to know and something that anyone in a corporate business setting should have some insight on in case of an incident may arise within your business. Legal Phases Initiating a lawsuit, the plaintiff must prepare a petitionand take this form for to the Clerk of Courts for filing. Once this is done you have to give legal notice to the person or company you are suingthat you have filed a lawsuit against them. This person is better known as the defendant. He defendant may or may not file a response to the lawsuit, which is called an answer or counter claim with the court clerk. The plaintiff has moved on to the discovery process where to get information from the other side of the lawsuit by interrogatories or a disclosure. Another way for the plaintiff and defendant get information is by an oral or written disposition where they...
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...online department and layoff three of the five employees in a reduction in force (RIF). Karen Schanfield (2008) wrote that a company needs to develop a plan before proceeding with a RIF by identifying the task or goal that needs to be accomplished, choose the jobs that are not mission critical that can be eliminated, and deciding what structure is needed to reach the organizations goals. Fast Serve needs to proceed carefully to avoid incurring employee retaliation lawsuits, legal defense costs, conflicts and other liabilities by inadvertently implying a form of discrimination in the employee terminations. The company’s management must carefully consider any possible impact of conflict upon the organization; develop appropriate alternative dispute resolutions (ADR) process to use, initiate a strategic plan that has metrics to measure the effectiveness of the organizations ADR and make sure the company has the correct tools available at their disposal to survive the RIF....
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...Bangladesh: Whether arbitration and mediation is appropriate procedure to solve dispute”. The aim of this research is to analyses the cachet and efficaciousness of the instrument of ADR in Bangladesh. At the same time an attempt is made to evaluate the sociological aspect of the ADR in Bangladesh. Hence, this writes up especially for those who have no legal background but want to have an idea about it is interesting to note that the concept of ADR is developing in Bangladesh as a performance of public duty by civil society groups advocating in support of progressive ideologies. I have collected all the materials from different books, scholars’ articles and offices from Law organization. I have collected the information about International aspect of ADR from different site of internet. At first I have collected different books relating to ADR. For the laws regarding ADR of Bangladesh and international, I have followed different Acts and Convention. INTRODUCTION The attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, visitation), and is often ordered by the judge...
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...Week 1: Traditional and Non-traditional LAW 531 Introduction Disputes are inevitable in the business world but how a company handles these disputes can determine the profitability of the company. The traditional litigation system has some similarities and differences from non-traditional forms of Alternative Dispute Resolutions; also known as ADR. First litigation is the process of a lawsuit. The traditional litigation system can be very expensive and time-consuming that deals with a great deal of rules. The process of the traditional litigation system caused an alternative methods to be developed. These new methods fall under the name alternative dispute resolutions and tend to be less costly and time-consuming than the traditional method. Litigation The traditional litigation process is a long process because of all the steps a company must go through. There are also major risks that a company faces with using this traditional form. Even before the litigation begin there are steps that must be followed. There are the pleadings, discovery, dismissals and pretrial judgments, and settlement conference. All these processes delay the judgment, and a company may still need to go to trial. If a company can not get a summary judgment then the company may use of more time in jury selection in cases of jury trials. A jury may take weeks to decide an outcome, and there are always chances for appeals (Cheeseman, H.R., 2010). Alternative Dispute Resolutions ...
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...Alternative Dispute Resolution Omar Omar LAW/531 September 17, 2015 Donnie McGilbra Alternative Dispute Resolution Paper Alternative Dispute Resolution methods are more favorable in order to meet the requirements of modern business since the courts are no longer able to respond to them individually especially with the continuous development in trade and services, and the consequent complexity of transactions and need the speed and effectiveness of broadcast differences and specialties by seen these differences or contribute to h, the need arose to legal mechanisms through which parties can resolve their differences quickly with flexibility and freedom not usually available in the courts. It is not surprising to know alternative methods of resolving disputes increasing attention at various legal and judicial systems, and to provide the flexibility and speed in determining and maintaining confidentiality and the participation of the parties in resolving their disputes. Given the position of alternative means of resolving disputes of prominence in legal and economic thinking at the global level, the world since half a century and increasing legislative and doctrinal movement to organize alternative means, and what it represents in the present of the verb effect at the level of litigation was normal that States Endeavour to find an appropriate framework guaranteeing the codified and then applied to be made an effective tool for achieving justice and installation maintenance...
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...as a lawyer, was occupied in bringing about private compromises of hundreds of cases. I lost nothing, thereby not even money, certainly not my soul." Conflict is a fact of life. It is not good or bad. However, what is important is how we manage or handle it. Negotiation techniques are often central to resolving conflict and as a basic technique these have been around for many thousands of years. Alternative Dispute Resolution (ADR) refers to a variety of streamlined resolution techniques designed to resolve issues in controversy more efficiently when the normal negotiation process fails. Alternative Dispute Resolution (ADR) is an alternative to the Formal Legal System. It is an alternative to litigation. It was being thought of in view of the fact that the Courts are over burdened with cases. The said system emanates from dissatisfaction of many people with the way in which disputes are traditionally resolved resulting in criticism of the Courts, the legal profession and sometimes lead to a sense of alienation from the whole legal system- thus, the need for Alternative Dispute Resolution. With the spread of ADR programs in the developed and developing world, creative uses for and designs for ADR systems are proliferating. Successful programs are improving the lives of individuals and meeting broad societal goals. There is a critical mass of ADR experience, revealing important lessons as to whether, when and how to implement ADR projects. The Concept & its efficacy: ...
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...The Legal System and ADR Analysis Xxxxxxxx Xxxxxxxx LAW/531 January 1, 2015 D The Legal System and ADR Analysis This report is prepared for John Smith the president of American Federal Mortgage, Ltd. It summarizes a lawsuit filed against American Federal Mortgage, Ltd. by Federal Resources, LLC. The two firms have been engaged in an ongoing business relationship for seven years. This report reviews: 1. How this case would be processed throughout the various legal phases of the Nevada court system. 2. How this case could be resolved using an Alternative Dispute Resolution (ADR). 3. A comparison of costs and benefits between the court system and using ADR. Parties American Federal Mortgage, LTD (AFM) a Nevada corporation. AFM is the defendant in this lawsuit. Federal Resources, LLC (FR) a Nevada Limited Liability Company. FR is the plaintiff in the lawsuit. History AFM has had an ongoing relationship with FR for seven years. The relationship is twofold: 1. FR is the overnight Repo lender for AFM. FR loans AFM up to a maximum of 90% of AFM’s daily note receivables that have not been pledged with AFM’s line-bank. The average amount of these daily transactions is between $800 thousand and $1 million. This Repo relationship is governed by a master-contract that was drafted by FR. 2. FR is the beneficiary of three long-term promissory notes from AFM. These notes had an original face value of $600 thousand and have a current principal balance of approximately...
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...INTRODUCTION:- Any dispute is just like a Cancer. If it is resolved sooner, it is better for all the parties concerned to it. If it is not resolved at the beginning, it grows at the very fast rate and with time, it becomes very difficult to resolve it.As new issues emerges and conflicting situation flourish. In this way one dispute leads to another and new complexities arises thereby leading to multiplicity of proceedings. Therefore, it is always better to resolve it at the moment it rears its head. Therefore, it is necessary that the procedure of resolving it must be agreeable by both the parties. The preamble of the Constitution of India declares to “...... to secure all its citizen justice, liberty, equality and fraternity”. The justice granted to citizen is of social, economical and political. However, the mode of delivering the justice to the citizen of India poses so many questions. It is in this regard necessary to put the question that whether the present system of access to justice is satisfactorily fulfilling the constitutional goal? The present mode of access to justice in India is based on the adversarial legalism. This system is generally followed in the common law countries. In this mode of justice the State plays a neutral role and it is parties who are responsible for initiating and conducting litigation. However, any crime is considered as an offence against the State in which such proceeding is initiated. This mode of justice was adopted by the Britishers...
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...Running head: OPTION 1 Compare and Contrast traditional litigation with non-traditional Option 1 Law/531 MJ Meade May 24, 2011 Judge Gregory P.Holder Society is familiar with litigation and its ramifications. One hires an attorney and files a lawsuit requiring the other to hire an attorney and defend the lawsuit. Litigation is expensive, time consuming, emotionally draining and unpredictable. With litigation, you never know the outcome until a judge or jury decides. Alternative dispute resolution, including arbitration and mediation, has been gaining popularity as a method to resolve some of the shortcomings of litigation. Arbitration and mediation are alternatives to litigation and sometimes used in conjunction with litigation to attempt to avoid litigating a dispute to its conclusion. Arbitration and mediation use a neutral third party. Both can be binding; however, it is customary to employ mediation as a non-binding procedure and arbitration as a binding procedure. Arbitrators act similar to a judge d making decisions about evidence and giving written opinions, which can be binding or non-binding. Arbitration is conducted with one arbitrator. The most common procedure is for each side to select an arbitrator and for those two arbitrators to select a third arbitrator. The dispute is presented to the three arbitrators chosen, with a majority of the arbitrators rendering a written decision. Mediation, on the other hand, is conducted before a single mediator who...
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...months and sometimes even years, as a result, it is now commonplace to use Alternative Dispute Resolution (ADR) to resolve these disputes. More agreements often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. Dictionary.com defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration is by no means a modern concept. The first modern...
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...4. Introducing A.D.R. in Bangladesh Justice Mustafa Kamal Former Chief Justice Supreme Court of BangladeshWHY A.D.R?The Vagaries of Civil LitigationA. D. R. means Alternative Dispute Resolution, mostly applied to civil cases. When a civil case is instituted in a court of competent jurisdiction, the scenario usually is, that a long time is taken to serve the process, the defendants beat the law and submit their written statement/s after a long delay beyond the permissible statutory period of two months, lawyers and judges do not take any interest in screening out a false and frivolous case at the first hearing of the case under Order X CPC (in fact no such first hearing takes place), they seldom try to shorten the disputed questions of fact and law by application of Orders XI and XII of the CPC and mostly ignore the elaborate procedure of discovery, interrogatories, notice to produce etc. contained in those Orders, the issues of a case are seldom framed following the Code of Civil Procedure, the case takes several years to reach a settlement date and on the date of positive hearing half a dozen or more ready cases are fixed for hearing, resulting in the hearing of none. In the meantime years roll by, presiding judge of a single case is transferred a number of times, witnesses of a single case may be heard by more than one presiding judge, arguments are listened to may be by another presiding judge and judgment may be delivered by a presiding judge who had had no connection with...
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...Alternative Dispute Resolution on Restitution Claims of Wrongfully Taken Cultural Objects 1. Introduction Alternative dispute resolution (ADR) which consists of, inter alia arbitration, mediation, conciliation, etc. tends to be used more widely than that of litigation in respect of cultural objects restitution disputes. For dealing with cultural property which were wrongfully taken such as looted and stolen, and avoiding the burdens of litigation, conventions and special institutes have been being established by international organizations such as UNESCO, International Law Association, World Intellectual Property Organization, etc. As to national panels, in UK, Spoliation Advisory Panel established in May 2000 to “consider claims against UK public museums by persons (or the descendants of persons) who lost possession of cultural objects during the period 1933to 1945. Comparable panels now exist in France, Austria, the Netherlands and Germany.”[1] Human Remains Advisory Panel and Private Mediation contribute part of the framework.[2] All those institutes aim to provide a better resolution to meet the need claims restitution claims involving cultural objects that were wrongfully taken whose number is increasing. Meanwhile, the limit of litigation for remedy has been highlighted. ADR has many advantages compared with litigation. However, shortcomings can not be ignored so that the current ADR dealing with restitution claims involving cultural objects wrongfully taken is to...
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