LAW3000- Section 2
February 22nd 2014
The American judicial system is a well established way of providing a fair resolution to legal disputes. However, many people agree that going to court is an expensive and time consuming way to come to a resolution. this is where Alternative Dispute Resolutions (ADR) comes as an option. ADR are alternative methods that; an independent, objective and impartial third party provides the parties of the legal dispute to reach an agreement about the dispute by bringing them together and communicating with each other
There are four main types of alternative dispute resolution techniques that are commonly used in the United States. They include mediation, arbitration, conciliation and negotiation each of which will be discussed below.
It involves a neutral, called a mediator, who assists the parties in negotiating an agreement. The mediator serves as an "agent of reality" to help the parties frame the issues, structure negotiations, and recognize self interests as well as the interests of the other side.
Mediators may be, but are not necessarily, subject matter experts concerning the substantive issues in dispute. The mediator may be court-appointed or chosen jointly by the parties. The parties may meet with the mediator together or individually as the circumstances dictate. A meeting between one party and the mediator, called a caucus, allows the party to privately express emotions and core interests. These private sessions avoid alienation between the parties that might otherwise inhibit open communications. Mediators are not vested with any decision making authority and cannot impose resolution on the parties; the parties make decisions themselves. If the mediation is successful then the parties will sign a legally enforceable mediation agreement to which they each agree to abide. If the...