Alternative Dispute Resolution ( Adr ) Essay

785 Words Apr 20th, 2016 4 Pages
Alternative Dispute Resolution (ADR) involves the processes and techniques in which two disagreeing parties can come to a consensus without the use litigation. Normally ADR is used with the support of a third-party, but it is not required. ADR may be either formal or informal. (maybe add more here) The four most common types of ADR include negotiation, mediation, collaborative law, and arbitration. There are many different benefits and disadvantages in using ADR, but the general perception is that these alternative processes impose fewer costs while maintaining confidentiality. Negotiation is an informal way of resolving a dispute, and it is one of the most common types due to its private and confidential nature. It is usually the first step in resolving a dispute. Both parties involved communicate directly with each other with the goal of reaching an agreement outside of the court system. A negotiation can be done with or without the use of a third-party, whom would be labeled the solicitor (Alternative Dispute Resolution). Negotiation is usually seen as the most flexible form of ADR as it involves only those parties with an interest in the matter along with their representatives. If a negotiation proves to be unsuccessful, mediation is usually the next step. Mediation is a process in which a 3rd party, known as the mediator, helps to facilitate a resolution process (Gurney). In some states mediation is voluntary but not always. Mediators will use various techniques to…

Related Documents