Alternative Dispute Resolution Essay

655 Words3 Pages
Introduction In a business environment, conflicts and disputes are inevitable. The relationship between management and employees and business and clients evolves continuously and stress and disagreements are bound to occur. Sometimes, the manner in which these stressful situations are managed can aggravate existing issues further and result in broken relationships. On the other hand, if the business has appropriate dispute resolution strategies and systems in place, it can serve to strengthen business relationships. This paper explores the similarities and differences between traditional litigation systems basically the use of courts for dispute resolutions and non-traditional forms of dispute resolutions. The paper will also highlight the risks businesses and organizations encounter when dealing with traditional litigation and suggests Alternative Dispute Resolutions (ADR) to mitigate the risks that may potentially arise from traditional litigation methods. Traditional litigation systems involve taking the disputes to a court where a more formal process is adopted to resolve the issues. This includes lawsuits, use of juries and trials which evidently, is a slow process. On the other hand, ADR is often less formal and less intimidating to both parties. The process is also much quicker as compared with traditional litigation and is less expensive as with traditional litigation, the slow processes and longer trials add to court costs and lawyer’s fees. In addition, traditional litigation involves disputes being heard before a judge and jury who decide the judgment after considering the facts and both sides of the case. This is similar to ADR in the sense that disputes are heard by an arbitrator or mediator, usually a third person who is neutral and impartial to both sides. At the end of the trial, the judgment is enforced and is enforceable through the court
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