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Alternative dispute resolution (ADR) is a dispute resolution process that acts as a means of using an external party to settle disagreements between two parties Colbran, 2012.
ADR has now become widespread and accepted by many states and counties in the United States. In the recent past, some courts have demanded that some parties use ADR to settle their cases. If the mediation process of ADR does not reach an agreement then the parties' case can be tried in court. Due to the increasing caseload of traditional courts, ADR has gained popularity. This is because ADR involves fewer costs, provides confidentiality, and it also offers greater control for the parties to select the individuals deciding their dispute. ADR is classified into four categories namely mediation, negotiation, arbitration, and collaborative law. Divorce mediation is the preferred method for resolving any divorce case before the case can proceed to court for a full hearing in New York. Divorce disputes can be resolved outside the court in a cooperative and comprehensive manner using ADR. ADR also offers the divorce parties an opportunity to settle their dispute quickly, cheaply, and in a less stressful manner. In divorce cases, this is vital as the parties are fully involved and they understand each other better. Resolving their own disputes also provides the parties with creative solutions, greater satisfaction, lasting outcomes, and improved relationships. This is all because the two parties have been provided with an opportunity to resolve their own dispute normally without interference from third parties. In case they are unable to resolve their dispute alone a third party would be appointed who would be neutral. The third party would be charged with assisting the two parties to reach an amicable resolution. Majority of divorce cases have no legal or financial arguments. The arguments are normally emotional and social, which makes it easy to resolve the disputes using ADR instead of a full court hearing. This is because even with a court judgment the parties might still feel unsatisfied. ADR allows the parties to be heard fully and supported to resolve their emotional and social issues.
Supplementing the judicial process using ADR
Courts have realized that having full formal divorce litigation can have huge expenses for the parties involved. Resolution of the divorce case can also take longer. This is why many jurisdictions have turned to ADR in order to supplement the judicial process. ADR improves the quality of justice as it provides clarity of understanding for the parties, the parties also have access to evidence, and they are satisfied with the result of the process Ver Steegh, 2008.
ADR has allowed the courts to reduce the number of court cases, which eases the caseflow management. Supplementing the judicial process using ADR allows the courts to concentrate on cases that cannot be tried by any other means. ADR has also allowed courts to reduce the number of days it takes to hear and conclude a case. Reducing the time it takes to conclude a case enables courts to have more hearings and also to reduce their overall costs.
ADR effects on caseflow management
Postjudgment motions are reduced thus reducing the number of court resources used in divorce cases. Divorce cases normally have postjudgment matters that demand for a trial judge. Therefore, it is vital that enough time be allocated for the hearing of any postjudgment matters of divorce. The amount of time that a judge needs for postjudgment matters is estimated to be 35% of the judge's time. This is a considerable amount of time and has an overall effect on caseflow management. This shows that by requiring that a majority of divorce cases be resolved through ADR, the trial judges will have ample time to deal with other cases and this would result in more cases been heard by the judge. Caseflow management would be much easier, and more cases would be heard to conclusion without having undue delays.
Implementing ADR for divorce case processing has an effect on caseflow management as it reduces the number of hearings and case preparation costs. This is because ADR narrows the cases that require adjudication in…
References
Colbran, S. (2012). Alternative dispute resolution.
Thomson, M. (2011). Alternative modes of delivery for family dispute resolution: The Telephone Dispute Resolution Service and the online FDR project. [Article]. Journal of Family Studies, 17(3), 253-257.
Ver Steegh, N. (2008). Family court reform and ADR: Shifting values and expectations transform the divorce process. Fam. LQ, 42, 659.
Vu, T.D. (2009). Going to Court as a Last Resort: Establishing a Duty for Attorneys in Divorce Proceedings to Discuss Alternative Dispute Resolution with Their Clients. Family Court Review, 47(3), 586-599.
In particular, Jennifer Shack (2003) notes that mediation can save time and money and improve the satisfaction of those using the court system, but only under certain conditions. Shack (2003) notes that the type of mediation program used is important in seeing advantages over legal actions. She notes that while there has been a "tendency has been to equate one mediation program with another and to assume the effectiveness of
For older juveniles, though, and for repeat offenders, I do not think that juvenile court is really a very good idea. These children are old enough to understand right from wrong and start to make good choices (Anderson, 1994). They often do not worry about the consequences, because they know that they are often not punished harshly. If the punishment is not serious and/or frightening, there is no real
Furthermore, he has displayed extreme anger towards her and appears completely unwilling to compromise. He wishes to keep both the house and Eduardo to himself, as he seems to feel betrayed by Cherry, and wants as little as possible contact with her. Cherry in turn is worried about the effect of this upon her child. The requirements for mediation have therefore only been fulfilled by Cherry, whereas Giovani appears to
" (U.S. Equal Opportunity Employment Commission, nd) This is a voluntary mediation agreement, which may opt out of by the employer or the employee. The benefits of the UAM include: (1) "UAM demonstrates from the outset a company's willingness to mediate on cases eligible for mediation - this may contribute to the ultimate satisfactory resolution of a matter; (2) With a UAM, the initial step of contacting the employer to
ADR Report The author of this report has been asked to prepare a brief report about a real-world example of a situation that could have gone to litigation but was instead handled via alternative dispute resolution, or ADR for short. As part of the recitation of the event, facts will be included such as the legal form of the business in question, how the case would have been processed through the
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