...Traditional Litigation System Comparisons and Contrasts With Nontraditional Forms of ADR Steven M. Merkes LAW, 531 September 25, 2012 Andrew Van Ness Traditional Litigation System Comparisons and Contrasts with Nontraditional Forms of ADR Law was intended and foreseen as a way to protect and prohibit people from against unwelcomed intervention from other people, organizations, and society. Law is also intended to stop people from participating or conducting themselves in objectionable actions. The United States legal system has a traditional litigation resolution form of law and a nontraditional judicial dispute resolution. The legal systems of traditional litigation resolution are suit, answer, discovery, trial, or jury. Nontraditional judicial dispute resolution or better known as alternative dispute resolution (ADR) forms are known as mediation, arbitration, negotiation, conciliation, and mini-trial. The paper will consider how the traditional court system and the nontraditional ADR alternatives compare and contrast within the U.S. legal system. Businesses are selecting alternative dispute resolution (ADR) methods over traditional legal methods because of more regularity conditions, time, and larger expenses. The traditional litigation legal system is heard in a court of law, and the outcome is determined as winner or loser. The traditional litigation time line is very drawn out. It requires initiating a lawsuit, filing a complaint, waiting for court...
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...| Alternative Dispute Resolutions | | | Alternative dispute resolutions, known to many as ADR, are methods to resolve conflicts in ways other than legal litigation. “Because litigation is expensive and time-consuming, both [parties] suffer when parties bring their disputes to court. Alternative dispute resolution (“ADR”) is an important solution” (Baum, 2010). The four most common methods of ADR are negotiation, mediation, arbitration, and collaborative law. A fifth method, conciliation, sometimes falls into the ADR category. The use of ADRs has been proven to be helpful in many different types of legal disputes from personal to professional (Alternative Dispute Resolution (ADR), 1995-2013). Alternative dispute resolutions are non-adversarial methods used to successfully manage conflict without the use of unnecessary, expensive litigation. Negotiation Negotiation is the simplest way to settle differences. This method is back and forth communication trying to find a solution to resolve a conflict. The characteristics of negotiation are as followed: private, confidential, voluntary, quick, little to no cost, parties make their own decisions, parties reach agreements, full control, enforceable agreements, win-win solutions (Oklahoma Bar Association, 2012). Negotiation can be done in a number of ways: formal, informal, private, public, directly or with third parties (although third parties typically aren’t necessary). It can happen any time, any place. Those...
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...Evolution of the process of ADR in 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)...
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...Option 1: Alternative Dispute Resolution University of Phoenix LAW/531 This paper is about the traditional litigation system and the non-traditional forms of Alternative Dispute Resolution (ADR). Alternative dispute resolution is a solution to a practical business and personal solution since these are related to the significant costs of resolving the disputes. In order to capture the true spirit of this assignment one must ultimately answer the following two questions: • what are some of the risks involved with traditional litigation? • What circumstances might ADR be a more appropriate measure for business managers to reduce those risks is identified? Traditional Litigation is defined as “The process of bringing, maintaining, and defending a lawsuit is called litigation. This is also called judicial dispute resolution because courts are used to decide the case.” (Cheeseman, 2010) The litigation process can take years to resolve, during that period the physical and mental state of witness can vary. Over time the physical and mental examination of witness can eliminate key discovery facts if the court determines the witness is unfit for examination. Alternative dispute resolutions are used by business and organizations because they are less costly and time consuming methods to resolve. According to Cheeseman, 2010; alternative dispute resolution (ADR) is defined as “methods of resolving disputes other than litigation.” By far the most common form of ADR is arbitration...
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...Alternative Dispute Resolution The Employer’s Secret Quola-Kito Davis University of Phoenix Abstract This paper will explore the legal description of Grocer’s Supply Incorporated. It will explore how the case of Quola-Kito Davis v. Grocer’s Supply Incorporated & Mitsubishi Forklift case was processed through the court system and detail the method of Alternative Dispute Resolution (ADR) which was used, as opposed to litigation that may have occurred. In conclusion, it will survey the differences in expenditures and advantages of traditional litigation as compared to Alternative Dispute Resolution in this specific case. Alternative Dispute Resolution The Employer’s Secret Alternative Dispute Resolution is any processes of resolving issues without the use of traditional litigation. It involves negotiation, mediation, and arbitration. As courts begin to become backlogged coupled with the increasing expenses associated with litigations more companies have begun implementing ADR agreements. Some ADR agreements are voluntary while others are mandatorily written into contracts and employment agreements. Alternative dispute resolution (ADR) is a method which aids companies and/or individuals settle disputes without having to utilize traditional litigation. The ADR procedures are inclusive of arbitration, mediation, and unbiased assessment utilizing the law concerning those matters issues. ADR are less formal and less taxing; in addition, they are confidential unless...
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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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...Alternative Dispute Resolution (ADR) Clause Cynthia Yvette Bevel LAW/531 August 9, 2010 Michael Carrozzo Abstract A Lawsuit through the court system to resolve disputes can result in a significant amount of time lost in addition to extensive litigation cost. Some businesses avoid costly litigation by opting to resolving disputes through Alternative Dispute Resolution (ADR) and other aids. When teams have disputes among members, an Alternative Dispute Resolution (ADR) Clause would be an effective tool in resolving conflict with minimal impact or disruption. The most common form of ADR is arbitration. However, other forms are negotiation and mediation. Arbitration Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons, by whose decision they agree to be bound. When a dispute arises within a learning team, arbitration is used when the arbitrator is brought in to resolve a dispute. This usually resolves disputes in a timely fashion because the arbitrator renders a decision based on facts. Negotiation Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try and reach a voluntary settlement of their dispute. (Source: LAW/531 – Chapter3: Judicial, Alternative, and Online Dispute Resolution). This is the simplest form of the ADR in which the teammates would negotiate before approaching any other forms. Mediation Mediation is a form of...
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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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...Learning Team Alternative Dispute Resolution (ADR) Clause Mariela Quinones LAW/531 Monday, April 5, 2010 Jonathan Jamieson Alternative Dispute Resolution (ADR) Alternative dispute resolution refers to a variety of methods in which conflicts and disputes are resolved without litigation. It is an alternative system that responds to the needs of parties involved in disputes. Some types of ADR are arbitration, mediation, medarb, minitrial, rent a judge, summary jury trials, early neutral evaluation, and peer review (Jennings, 2006, p. 111-119). These methods provide fast and effective results without the higher cost and long term of a litigation process. Learning Team Conflicts Conflicts, disputes, or disagreements among team members will be initially settle and handle through proper communication and negotiation between team members. ADR will be exclusive for those disputes and problems that can not be resolve in a timely manner and are affecting the team to achieve goals and deliver their projects. Some conflicts are necessary to bring new perspectives and different points of view among a diverse group of people. They enhance positive productivity, responsiveness, and effectiveness in achieving goals. Disagreements that are subject to an alternative dispute clause • Violation of conduct code. • Lack of participation. • Minimum communication. • Poor performance. • Negative attitude toward the team. • Late delivery of assignments...
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...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: “It is the spirit and not the form of law...
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...Professor Tom Reardon The method of conveying, sustaining, and defending a lawsuit in a court of law is litigation or judicial dispute resolution (Cheeseman, 2010). Litigation something that can be lengthy and time consuming. Alternative Dispute Resolution or ADR is something that was thought of to reduce the need for lawyers and also as a way to solve problems before a trial. ADR offers a less expensive way to resolve contract and commercial disputes while minimizing the business risks associated with traditional litigation. The litigation process is time consuming because of the different phases of the process. The first phase is the pretrial litigation process that involves pleadings, discovery, dismissals and pretrial judgments, and settlement conferences (Cheeseman, 2010). Trials usually consist of selecting a jury, the lawyers making their cases, closing the case and waiting for the jury to make a decision. This process can take months to years making it time consuming and expensive. Alternative Dispute Resolution (ADR) offers a quicker and less expensive method of resolution for the organization. ADR lets a third party negotiate and come up with a resolution prior to a trial or in place of a trial. ADRs most common form is arbitration (Cheeseman, 2010). Parties chose a neutral third party to decide the dispute. Parties are often bound in advance to agree to the arbitrator’s decision. Mediation is one of the best-known forms of ADR. Mediation involves a meeting...
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...The Legal System and ADR Analysis One aspect our company utilizes to expand is purchasing smaller lucrative expanding companies. As we proceed with these procurement actions we must ensure we act in good faith, if not we may find ourselves in a similar situation as USA Truck and Knight Transportation are currently besieged in. USA Truck Inc. of Van Buren, Arkansas filed a breach of contract lawsuit against Knight Transportation Inc. of Phoenix, Arizona, because Knight Transportation is attempting to buy out USA Truck. The lawsuit, filed in Crawford County Circuit Court, alleged Knight unacceptably utilized USA Truck's proprietary company information to facilitate a hostile procurement of USA Truck for an unreasonable amount, which does not reflect the Company's real value. The lawsuit requests Knight to divest the USA Truck shares they currently have, which USA Truck accuses Knight obtained by violating the confidentiality agreement the two companies agreed to. Knight increased its ownership in USA Truck from 8% to 12% after the company publically announced it was trying to take it over. USA Truck's Board of Directors is very disenchanted with the way Knight Transportation acted when they promised they would not do what they are being accused of doing, which was utilize confidential information expressed to them via friendly private discussions regarding an agreed upon transaction between the companies. When USA Truck’s Board of Directors refused to agree to the terms Knight...
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...Understanding alternative methods of dispute for resolution is important; because most case never goes to court they are settled before they are heard by the courts. The traditional litigation system and nontraditional litigation both strive to settle the dispute or resolution that both parties agree upon. This paper will compare and contrast traditional litigation with the nontraditional forms of ADR. Compare Both traditional litigation system and nontraditional forms of ADR both strive to find a resolution to a legal dispute. With both systems the parties involved in the dispute can be represented my legal counsel. The resolution is determined by a third party, example; jury, judge, court appointed arbitrator, mediator, judicial referee, or conciliator (Cheeseman, 2010). In cases involving a jury the jury will deliberate and read the finding to the judge, the judge will issue the final resolution. In cases using ADR, the third party usually arbitrator or mediator will determine the resolution. Contrast As stated above both the traditional litigation system and nontraditional strive to get a resolution to a dispute. What is different is how the resolution is made. Traditional litigation can be time-consuming and can become very expensive for both parties involved. There are several steps to the traditional litigation; pleadings, discovery, dismissals and pretrial judgments, and settlement conference (Cheeseman, 2010). If the parties cannot come to a resolution or the...
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...The Legal System and ADR Analysis LAW 531 October 1, 2013 The Legal System and ADR Analysis There are various phases of the legal system that a business dispute must undergo before the dispute, or complaint, is resolved. These stages are commonly referred to as pretrial litigations, in which parties typically prefer to settle disputes within these pretrial stages to avoid costly legal fees. “The use of the court system to resolve business and other disputes can take years and cost thousands, or even millions, of dollars in legal fees and expenses” (Cheeseman, 2013, p. 52). Methods of nonjudicial dispute resolution, commonly referred to as alternative dispute resolution (ADR), are normally used to allow disputes to be resolved outside the court judicial system. The forms of ADR are negotiation, mediation, mini-trial, fact-finding, using a judicial referee, and arbitration, which is the most common method (Cheeseman, 2013). These forms of ADR can be applied to many different business disputes, in which some forms are more suitable to some cases than others. In regard to the case of City of Elsa v. Gonzalez, the legal process will be evaluated, the most appropriate ADR method to use will be recommended, and the differences cost benefits between traditional litigation and pursing ADR will be discussed. The Legal Process As stated above, there are various phases of the legal process that business disputes go through before a settlement has been reached. The first step of...
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...understanding one must also understand alternative methods of dispute resolutions that are just as important in understanding the traditional litigation system. The goals set between both traditional and nontraditional litigation is to reach a simple resolution, but yet these methods use a reach of different types of resolution. The intent of this paper is to help understand the comparison and contrast of the traditional litigation system with the nontraditional forms of alternative dispute resolution (ADR). Compare Cheeseman (2010) defines litigation as “the process of bringing, maintaining and defending a lawsuit (p.35).” In resolving a dispute the desired outcome of the traditional litigation or also called the judicial dispute resolution and nontraditional litigation or ADR. However, it is not necessary that an attorney in both forms of litigation usually typically represent plaintiffs and defendant. A third party is the one that typically decided the outcome of a given dispute. For example, in the judicial dispute resolution, the dispute is decided upon the judge or a selected jury. In the case of ADR a third party helps in the parties resolution and helps in making a decision. The third party usually severs as an arbitrator, mediator, judicial referee, and etc.…(Cheeseman, 2010). Contrast While they both are tended to be the ultimate goal both judicial and alternative dispute resolution in the same, and the methods to achieve a possible resolution are quite different. The judicial...
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