Identify and Define the Non-Judicial Means to Resolve Disputes for Business Law

on-judicial is also known as alternative dispute resolution (ADR) which is a process that was established to reduce cost and time to resolve contract and commercial disputes Chesseman (2013). This process is to help resolve disputes. The ADR method consist of negotiation, arbitration, mediations, mini-trial, fact-finding, and judicial reference Chesseman (2013).

According to Chesseman (2013), negotiation is the process where both parties attempts to voluntarily settle a dispute. If this is successful then a settlement agreement is signed and entered into the courts. The case is then dismissed. Arbitration occurs when a third party an “arbitrator” is brought in to hear the dispute. The arbitrator remains neutral who is normally a member of the American Arbitration Associations (AAA) or a private organization or individual who is qualify to hear the case Chesseman (2013). Witnesses and evidence can be submitted during the arbitration process. The arbitrator makes the final decision and both parties are bounded to accept the outcome due to the binding arbitration agreement Chesseman (2013). Mediation is when a third party (mediator) steps as neutral grounds to hear both side but does not make a decision. It is left up to both parties involved to come up with an agreement Chesseman (2013). A mini-trial involves an attorney for both sides and a neutral party who gives their opinion based upon the case presented by both parties Chesseman (2013). Fact-Finding is where a third party is brought in to investigate then prepare a report for both parties to reach a settlement. The Fact-Finder does not make the decision but do make recommendations to enable the parties to reach an agreement Chesseman (2013). Judicial Referee is normally a retired judge who has the authority to be a referee if both parties agree upon a settlement and reserve the right to appeal Chesseman (2013).

An example of a non-judicial means would be a couple seeking a divorce and uses a mediator to...