Adr Pa 412

Rukiya Morrison

PA 412

ADR Paper

There are many methods to solving issues between two parties outside of court. There is the method of Alternative Dispute Resolution (ADR). ADR techniques were being used more and more, as parties and lawyers and courts realized that these techniques could often help them resolve legal disputes quickly and cheaply and more privately than could conventional litigation. This method has been around for some time now. The two most common techniques used in ADR is through mediation and arbitration. I will explain what the two technique are, who commonly use each technique, the different between the two, and the similar of them both.

Mediation is most common known to be quick, private, fair, and inexpensive to the people using it. Mediation is an informal setting between the parties. When you are looking to come to an agreement with someone who in the end you will still like to have a good relationship with you would use a mediator to listen to your issues. Mediation deals with more day to day issues such as divorces issues, property among family, family disagreement, or anything that doesn’t deal with contracts among people or business. Mediations are confidential and conversation outside of mediation can’t be revealed to another sources as they can in court cases. In mediation the two parties come up with an agreement that both parties are happy with. The mediator jobs is not to decide what is best for the parties with their issue. The mediator job is to listen to both parties side and help the two parties come up with an agreement that they can both agree to. A lawyer can be hired for a mediation if the two parties cannot be in the same place at the same time, because of hostility. Mostly all mediation are done where the two parties involved is usually present during the mediation process.

Arbitration is a little different then mediation. In arbitration the parties that use this type of ADR are big companies or people that...