Alternative Dispute Resolutions Essay

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Alternative Dispute Resolutions Abstract This paper will present research on the different choices we have in Alternative Dispute Resolutions (ADR). This paper will also United States Supreme Court cases and decisions that that have impacted how Alternative Dispute Resolution cases are handled. The aim of this paper is to educate everyone on these choices and to help them choose if alternative dispute resolutions is better than litigation. Introduction The difference between litigation in the court legal system with arbitration and other forms of alternative dispute resolution. When a conflict cannot be solved through conflict resolution matters outside of the legal system, deciding between arbitration and litigation becomes an important choice. This paper focuses on what individuals should do when in a civil dispute that cannot be solved through conflict resolution matters outside the legal system and what they can do to resolve the issue. A: Definition of Terms Alternative Dispute Resolution – methods of resolving disputes other than litigation. Arbitration – A form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide their dispute. Litigation - An action brought in court to enforce a particular right. The process of bringing, maintaining and defending a lawsuit. Negotiation is a procedure whereby the parties to dispute engage in discussions and bargaining to try and reach a voluntary settlement of their dispute. Mediation – a form of alternative dispute resolution in which the parties uses to assist to possibly reach a settlement of their dispute. Conciliation – is a process where an independent third party, helps people in a dispute to identify the disputed issues, develop options, consider alternatives and try to reach an agreement. Mini-trial – a voluntary private proceeding in which
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