Final Paper for Business Law I on Alternative Dispute Resolution.
Alternative Dispute Solution
Business Law I 311
Legal provisions in any territory ensure that citizens are protected from offense by others or that their properties are equally protected. Such offenses are at times inevitable leading to individuals and parties being in disputes. There are legally recognized institutions that have been instituted to examine constitutional violations of people’s rights and freedom, the source of such conflicts, and prescribed penalties for the violations under legal court systems. Dispute resolution outside the legal framework has been developing over time. The dispute resolution outside the legal framework is called alternative dispute resolution. This paper seeks to discuss the topic of alternative conflict resolution. The paper will give a description of the topic together with analysis of legal and ethical issues that surrounds the topic. Alternative dispute resolution (ADR) is a general term for dispute resolution processes that are done outside judicial systems and formalities. Such processes include negotiations that are facilitated to try and ensure that parties to a dispute settle their conflict before it can be subjected to a judicial process. Initiatives such conflict resolution in communities or even among communities also falls under the alternative dispute resolution system. The alternative dispute resolution majorly adopts involvement of the aggrieved parties but can at times call for facilitation from a third party to the conflict. Negotiations are forms of alternative dispute resolution in which the parties in conflict are able to organize themselves and resolve their conflict without any involvement of a third party. There are however instances when the parties to a dispute are not able to solve their differences at individual levels and calls for a third party are made to facilitate the talks for a solution to the problem. The involvement of a third party qualifies such resolution
Business Law I 311
Legal provisions in any territory ensure that citizens are protected from offense by others or that their properties are equally protected. Such offenses are at times inevitable leading to individuals and parties being in disputes. There are legally recognized institutions that have been instituted to examine constitutional violations of people’s rights and freedom, the source of such conflicts, and prescribed penalties for the violations under legal court systems. Dispute resolution outside the legal framework has been developing over time. The dispute resolution outside the legal framework is called alternative dispute resolution. This paper seeks to discuss the topic of alternative conflict resolution. The paper will give a description of the topic together with analysis of legal and ethical issues that surrounds the topic. Alternative dispute resolution (ADR) is a general term for dispute resolution processes that are done outside judicial systems and formalities. Such processes include negotiations that are facilitated to try and ensure that parties to a dispute settle their conflict before it can be subjected to a judicial process. Initiatives such conflict resolution in communities or even among communities also falls under the alternative dispute resolution system. The alternative dispute resolution majorly adopts involvement of the aggrieved parties but can at times call for facilitation from a third party to the conflict. Negotiations are forms of alternative dispute resolution in which the parties in conflict are able to organize themselves and resolve their conflict without any involvement of a third party. There are however instances when the parties to a dispute are not able to solve their differences at individual levels and calls for a third party are made to facilitate the talks for a solution to the problem. The involvement of a third party qualifies such resolution
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