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Alternative Dispute Resolution – Things to Know About ADR
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Posted On :
Sep-15-2011
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Article Word Count :
570
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Alternative Dispute Resolution (ADR) is an alternative method used by people to resolve legal issues before filing a lawsuit in the court. ADR process includes a neutral, third person who helps the disputing parties to resolve the issue.
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Alternative Dispute Resolution (ADR) is an alternative method used by people to resolve legal issues before filing a lawsuit in the court. ADR process includes a neutral, third person who helps the disputing parties to resolve the issue.
Types of ADR:
There are mainly four types of ADR – Mediation, Negotiation, Collaborative law and Arbitration. Other types of ADR include conflict resolution, party directed mediation, restorative justice, dispute resolution, online dispute resolution and collaborative divorce. Among all these types of ADR, Mediation is the most commonly used and popular ADR type.
ADR process:
There are mainly two ADR process – Mediation and Arbitration. The process are explained below
Mediation:
The mediation dispute resolution Omaha process comprises of three parties – The two disputing parties and another outsider who acts a mediator for discussion between the two parties. During the mediation process, these three persons sit outside the courtroom to discuss and put forward their debating points and attempt to reach a mutually agreeable decision, without using the litigation. During the entire discussion process, the mediator does not have any say in the outcome of the ADR. The mediator acts only as a neutral party to help the disputing parties to communicate effectively and reach a consensus. The disputing parties have all the rights to reach an agreement or not.
Arbitration:
The arbitration process is quite similar to mediation, except that it has a few major differences. Just like the mediation process, in arbitration too, the disputing parties discuss the issue outside the courtroom, while a third party – arbitrator keeps a watch on the discussion. The arbitrator listens to the arguments of both the parties then he/she would take time to analyze the situation and then suggest a fair and legally binding result. Both the disputing parities enter the arbitration process and they are fully aware that they wouldn’t have any say in the resolution and they agree to the resolution suggested by the arbitrator.
Benefits of ADR
• This type of dispute resolution system allows informal investigation.
• The parties involved in the dispute are allowed to choose their own arbitrator.
• Irrespective of the type of dispute be it family dispute resolution Omaha or business dispute resolution Omaha the hearing is conducted in a private environment and the case details in kept confidential.
• This system allows more relaxed investigation and litigation process.
• The dispute resolution process is fast and more efficient than the conventional court process.
• The entire litigation process through ADR is cheap as compared to the traditional litigation course in the court.
• The parties involved in the dispute have complete control over the dispute resolution process.
• A final verdict is given only when both the disputing parties are convinced.
Drawbacks of ADR:
• The process doesn’t leave enough room for cross examination of the witness in the case.
• Since the final verdict has to be agreed by both the parties, it becomes impossible for extremely difficult to arrive at final conclusion.
• There is no written document to support the final verdict.
• Any damage or loss incurred by the disputing party during the litigation process is unlikely to be awarded.
Since Alternative dispute resolution process is cheat and yields quick results it has become the preferred choice for many people to resolve their business or family issues.
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Article Source :
http://www.articleseen.com/Article_Alternative Dispute Resolution – Things to Know About ADR_82381.aspx
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Author Resource :
Alternative dispute resolution is the perfect way to clear out your business or personal differences with the help of mediator. For more information on family dispute resolution Omaha.
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Keywords :
Alternative dispute resolution, family dispute resolution Omaha, business dispute resolution Omaha, mediation dispute resolu,
Category :
Business
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Business
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