Alternative Dispute Resolution (4 Methods)

Alternative Dispute Resolution (4 Methods)

Marc

James Charnell

University of Phoenix

Alternative Dispute Resolution (4 Methods)

Courtroom litigation has proven to be very costly and time consuming for parties when resolving disputes. More parties are using Alternative Dispute Resolution (ADR) as a means of circumventing these costs and saving time bypassing lengthy courtroom proceedings. The term ADR describes processes where parties resolve disputes outside the traditional courtroom proceedings. Several types of ADR are available to parties resolving disputes. However, I will describe only 4 methods of ADR, arbitration, mediation, rent-a-judge, and summary jury trial.

The first method of ADR I will describe is arbitration. Arbitration can be categorized into 2 different types: binding arbitration and nonbinding arbitration. With binding arbitration parties agree that the arbitrator’s rule is final and can not be appealed. With nonbinding arbitration parties agree to litigation for unfavorable decisions (Jennings 2006, p111). In ADR Sees New Trends, Van Winkle references a Stipanowich chronicle article that states, ‘“Arbitration was popularly touted as a more efficient, less costly, and more final method for resolving disputes:”’(2009, p8, ¶8). I agree with this statement however, arbitration was not always most efficient and least costly. The U.S. Supreme Court passed the Federal Arbitration Act to validate contracture arbitration clauses accelerating the process (Jennings 2006, p112).

The next method of ADR I will describe is mediation. Mediation is another inexpensive but confidential type of ADR for parties to use when resolving disputes. In mediation, the mediator does not make the final decision like an arbitrator. The mediator listens and improves communication between parties creating an environment conducive to reaching a solution for the dispute. Both parties can agree in advance if the mediator’s decision will...