Alternate Dispute Resolution

Explanation of the legal concept or principle

                Alternate Dispute Resolution is the process for resolving disputes as an “Alternate” to the courts. Using Alternate Dispute Resolution is a technique parties use to try to come to an agreement before litigation. This is some cases includes using a third party. There are many advantages of using Alternate Dispute Resolution, some of them being; lower costs than associated with court process, matters will remain private, parties dispute maintain control of the solution, parties determine and schedule resolution processes and it preserves good will. There are three routes one can use when using Alternate Dispute Resolution Negotiation, Mediation and Arbitration.

Negotiation is when the parties discuss the problem amongst one another and try to reach a solution that suits both parties. When using negotiation both parties must display cooperation, communication as well as compromise or an agreement may never be reached. In this case they can use representative the individuals from the parties do not need to be present. This is the friendliest way to resolve a dispute it usually enhances the relationship between the parties due to the fact they can reach an agreement on their own.

Mediation is when a middle person, neutral outsider steps in in order to help the parties reach an agreement. A mediator usually tries to find common ground and encourages concessions. The mediator does not make the decision. The two parties still need to be able to come to an understanding of what they both want but including a mediator usually neutralizes the matter being discussed so the parties understand either side of the argument. When using a mediator the parties must be willing to disclose information that they may not want too. There are two forms of mediated process they include; Pretrial conferences and Judicial Dispute Resolution.

Arbitration is when the parties agree on an independent third party to make a decision that will be mandatory on them.  When using arbitration it is usually required to have some sort of contract involved, Arbitration involves a contract so both parties understand the terms and conditions of the arbitrator and so there is no conflict in the future.  This process is more formal then mediation. It is also cheaper and faster than litigation.

There is a wide gap between litigation and Alternate dispute resolution. Litigation is a much more expensive, timely process that ends with both parties having to appear in court. As where ADR the parties are doing what they can to save money and avoid appearing in court.

Alternate Dispute Resolution is not significantly involved in my learning objectives at this point in my life. It could come into play if I ever had a dispute with a professor and needed a third party such as the Dean to step in and mediate the situation. I think learning ADR will be extremely helpful when it comes to working in the Human Resource field when dealing with employees who have faced conflict. ADR has impacted me in my job, I work in customer service and there is always times when the customer thinks they are right and feel the need to argue. Part of working is customer service is being able to stay level headed and understand where the person is customer is coming from. In my cases this involves bringing in a third party such as a manager to try and settle the conflict even if it something very little. Although it hasn’t had a huge part in my job I can see why it is something HR people need to understand.

Your own personal experience

                I did not know much about Alternate Dispute Resolution before taking Business Law and having to write this paper. Learning about Alternate has raised many questions for me. How will I use it when dealing with disputes in HR? How does one come to an un-bias decision?  Which form of Alternate Dispute Resolution has shown the most effective and keeps employees happy? Those are just a few questions of the many I have.  I think learning the different forms of ADR has been the most significant part of what I have learned. Thoroughly understanding each form will play a big part when it comes to using ADR. Understanding the difference between Mediation, Negotiation and Arbitration is going to be significantly helpful when applying them to real life situations.

Link or unite these elements

                My action plan is to continue learning as much as I can about ADR, how it is used, cases where it has been used as well as researching other forms of dispute resolution.  After blogging about ADR I am going to try using it in my everyday life. When an argument comes up at work I think now that I understand what the different forms and how they are used it I will try and defend myself more and use my negotiation skills. I went to exercise these skills now so when it comes to applying them in the real world I have a fall grasp of what I am capable of.  I think the most common one I will use is negotiation. Negotiating is something people do every day, I just want to be able to make the outcome work more in my favor.