Final Paper for Business Law I on Alternative Dispute Resolution.

Topics: Alternative dispute resolution, Dispute resolution, Mediation Pages: 7 (2410 words) Published: January 6, 2013
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 efforts to be mediation initiatives. Alternative dispute resolution can either be binding or nonbinding depending on the nature that is adopted in the process. Negotiations and mediations are processes by which the parties to a conflict find a solution to their problem based on their willingness. Involvement of a third party in the resolution process is just to facilitate the mediation and not to enforce solutions. Implementation of such agreements in negotiations and mediation processes are thus non binding to the parties that agree to such negotiations. ADR on the other hand becomes binding if the involvement of the third party is to make a decision in the process contrary to facilitating the process. Under binding ADR, the parties in conflict do not necessarily have to be comfortable with the decision arrived at but must adhere to it. Alternative dispute resolution can also be categorized as either mandatory or voluntary. The process is said to be a mandatory alternative dispute resolution if it has been provided for by a judicial authority. Under these provisions, the parties to the dispute are compelled to seek ADR prior to any judicial process. A voluntary ADR is on the other hand encountered by the free will of the parties to the dispute to engage in the process. Though a variety of alternative dispute resolution approaches are available, a hybrid combination of these classes is also witnessed in dispute resolutions (Flexstudy, n.d). Alternate dispute resolution is not a new concept in conflict resolution. It is identified to have been the primary approach that was used in ancient traditions to settle grievances that arose between individuals or communities. The only new thing that has been realized in the recent years has been the development of a variety of models of the resolution approach. In the United States, for instance, alternative dispute resolution advanced in the 1970s with civil bodies adopting mediations...

References: Atlas et al. (2000). Alternative dispute resolution: the litigator 's handbook. New York, NY: American Bar Association.
Daras, P & Ibarra, O. (2011). User Centric Media: First International Conference, UCMedia 2009, Venice, Italy, December 9-11, 2009, Revised Selected Papers. New York, NY: Springer.
Flexstudy. (n.d.). What is ADR. Flex Study. Retrieved on June 26, 2011 from:
Ingenhousz, A. (2011). Adr in Business. Practice and Issues Across Countries and Cultures. Netherlands: Kluwer Law International.
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