Alternative Dispute Resolution (ADR)
The life span of a court case is usually measured in years and the cost of court cases can be measured in the thousands if not millions of dollars. I order to avoid or lessen the cost and time associated with court cases Alternative Dispute Resolution has been established. The five types of Alternative Dispute Resolution are discussed below. Arbitration
Parties using arbitration would choose an impartial to hear and rule on the dispute. This person is called the arbitrator. The decision of the arbitrator is final and the parties involved usually agree to be bound by the decision. If no agreement is present the decision can be appealed to court. Mediation and Conciliation
The parties choose a neutral third party in mediation. In conciliation the party chooses an interested third party. The mediator or conciliator does not have the power to make decisions. This person will assist the parties involved in the dispute in reaching a settlement. If mediation is successful a settlement is reached. If mediation is not successful the case goes to trial. Minitrial
The lawyers present their cases to representatives from each side. These representatives have authority to settle the dispute. Once the presentations are concluded the representatives from each side will meet to try to reach a settlement. Factfinding
The parties involved in the dispute hire a neutral third party to investigate the dispute. This neutral third party will report finding to the parties involved and may recommend a settlement.
The parties in the dispute agree to have a private trial. This private trial is presided over a court appointed referee, usually retired judge. The decisions of these referees stand as judgment of the court. The parties have the right to appeal any decision. Legair v Circuit City
Background for this case involved a plan that Circuit City introduced in regarding employee disputes. The new policy required...
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