Question

Provide a definition of Alternative Dispute Resolution and then explain four (4) different processes that can be used in lieu of litigation and provide an example of a typical litigation that could be more efficiently dealt with in each of the four (4) alternative dispute resolution systems that you discussed.

Answer 1

Alternative dispute resolution (also known as ADR) refers to different processes or approaches that helps disagreeing parties to come to an agreement instead of choosing litigation. This technique is becoming popular to resolve disputes along side the court system itself.
Typically ADR is classified into four different types negotiation, mediation, collaborative law, and arbitration.

1) Negotiation
This refers to dialogue between parties(three or more) that aims to reach a outcome that benefits all of them. Outcome benefit can be enjoyed by an individual or even group of people. In this it is the level of belief, trust that each party have on each other that serves as determining factor where the negotiation decided is successful or not.

2) Mediation
In this method, a third party acts as key player to help resolve disputes among two parties. The third party follows structured techniques and processes that leads them to resolution for disputes. It is very important for all parties to participate actively and contribute in the process. The mediator(third party) follows a wide variety of techniques to strategically build directions and to help the parties find their optimal solution.

3) Collaborative law
This method is legal process through which couples who have decided to separate can end their marriage without litigation. This techniques helps them to prevent uncertain outcomes of court under litigation. They work with their collaborative professional lawyer or coach to achieve a settlement.

4) Arbitration
This is a technique that helps resolve disputes outside the courts. In this an neutral person is involved that has been given power, who hears to both parties and based upon hearing announces the resolution. This method is mostly used for resolution of commercial disputes it can be either consumer and employment matter.