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Group Theory Research Module 4 Alternative Dispute Resolution

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Submitted By coldlogic
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Matthew Proctor
October 30, 2015 Alternative dispute resolution (ADL) is simply defined as “Any method of resolving disputes other than litigation,” (Alternative Dispute Resolution). This simply means that issues which would normally be brought before a court or have a trial are instead handled through alternative means that do not involve the court. ADL can be used for both criminal and civil cases. Because of the difficulty and cost involved with trials, lawyers, and court proceedings in general, use of ADL is becoming increasingly popular in the United States of America. There are several different types of ADL, but the main types currently being practiced are negotiation, mediation, and arbitration. ADR is useful for a wide variety of conflicts. As stated earlier, it can be used for both criminal and civil cases. However, because negotiation is the go to form of ADR, it stands to reason that cases in which the two parties can directly negotiate, or at least negotiate with the assistance of mediators, are the types of conflict that find ADR the most useful. For this reason, civil cases would often appear to be more appropriate for ADR. Conflicts that benefit from negotiation, such as minor lawsuits between individuals that know each other, are the types of conflicts that are best solved by the use of ADR. ADR is probably best for conflicts that occur which simply aren’t important enough to bring to a court. These problems include the everyday conflicts that occur in the workplace. Negotiation is a direct attempt at solving the conflict by getting the parties involved in the conflict together and attempting to negotiate a deal or settlement. It allows the most interaction between the people involved in the case. What is most striking about negotiation is that both parties have direct control over the proceedings. There are no judges or mediators

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