Question

Michael owns a business named All-Star Tennis and Racquet Center (“All-Star”). This flourishing business has eight indoor tennis courts, four indoor racquetball courts, and twelve lighted outdoor tennis courts. Shelby Supply has been All-Star’s sole supplier for the past three years of tennis and racquet balls, tennis and racquetball racquets, and shoes styles suitable for tennis and racquetball courts. Shelby Supply is getting ready to re-negotiate its contract with All-Star that will substantially increase their supply volume with All-Star to include clothing. Shelby, owner of Shelby Supply, has been advised by her attorney that there was no language discussing any form of alternative dispute resolution in the original contract.

In one or more fully formed paragraphs, compare the three primary forms of ADR that should be considered for the new contract and explain the advantages and disadvantages of each.

Answer 1

Answer:

ADR is the alternative dispute resolution. Comparing these three primary forms of ADR which should be considered for the new contract are Facilitative, Advisory and Determinative. Facilitative ADR is the ADR which sates the procedures for the following processes like mediation, conciliation, facilitation, the advantage in the facilitation process is that here the third party who is neutral participates in the dispute, review the dispute, explore the options to find the suitable solution and finally resolve the dispute with agreed solutions. Disadvantage is that it needs to be convincing with thee third party and the suitability of the third party is a major concern, a he may have varied approach. The second ADR is advisory ADR- this is the process in which the practitioner need to listen to the dispute solution and evaluate the issue and suggest advice about the fact of the dispute and shows various applicable legal laws. The disadvantage here is that advisory ADR may have issue in getting the right advise for the people involved in the dispute. The third ADR is Determinative – this is the process in which the practitioner reviews the dispute, evaluate and make a determination of his disagreement. The advantage is that determinative will give better resolution and disadvantage is that here the practitioner displays the disagreement which could impact the dispute resolution approach.