Alternative Dispute Resolution Can Provide Term Paper

Download this Term Paper in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from Term Paper:

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 them all" (p. 5), there are important differences in the effectiveness of different dispute resolution programs.

One advantage often noted for dispute resolution is that it provides an alternative to trial, thus saving both money and time. However, Stienstra and Willging (1995) note that dispute resolution is not used as an alternative to trial in many cases, at least in the federal court system. They note that "while ADR (alternative dispute resolution) methods are often thought of as alternatives to trial, the very small percentage of cases that are tried indicates that ADR procedures serve primarily as alternatives to traditional forms of pretrial dispute resolution and not as alternatives to trial" (p. 3).

Further, dispute resolution may not necessarily reduce time demands and costs, as compared to traditional legal actions. Stienstra and Willging (1995) note that "research findings are currently insufficient on the cost and time consequences of ADR (alternative dispute resolution).

While the neutrality of dispute resolution is often seen as an advantage, Stienstra and Willging (1995) note that in some cases this neutrality is called into question. Specifically, they argue that litigants may worry that judges cannot remain neutral, thus making litigants "reluctant to participate fully" (Stienstra and Willging, 1995, p. 12).

Similarly, the perceived fairness of mediation, often cited as a major advantage for dispute resolution over legal action, may be in question. Shack (2003) notes that the seventeen studies she examined did not agree if mediation "programs increased satisfaction and perception of fairness for parties who participated in mediation as compared to those who did not" (p. 2). However, she found that participant satisfaction did increase in cases of successful mediation (Shack, 2003).

Recommendations

Early screening of parties involved in dispute resolution may be an important step to maximizing the advantages of dispute resolution. This screening should include early education of attorneys and litigants as to the options for dispute resolution (Stienstra and Willging, 1995). Shack (2003) notes that litigant satisfaction with mediation varies depending on litigant perception of the cost, demographic makeup of litigants, timing of referral, and willingness to try mediation.

The effectiveness of alternative dispute resolution depends largely upon choosing the correct method of resolution for a specific scenario. In particular, using several types of dispute resolution in a specific case may be detrimental to a satisfactory outcome. Stienstra and Willging (1995) note "the use of multiple ADR (alternative dispute resolution) procedures in a single case can be duplicative and unnecessarily costly and should not generally be imposed on parties" (p. 11).

Further, given Shack's (2003) note that the effectiveness of mediation programs differs, it is important to carefully select the type of dispute resolution employed. Careful selection of the type of program that is used may help dramatically increase the effectiveness of using dispute resolution.

Conclusion

In conclusion, effective alternative dispute resolution depends on a careful study of several factors. When these factors are considered and taken into account, dispute resolution can have many clear advantages, including saving money, time, and increasing litigant satisfaction. Factors such as early screening, eliminating extraneous forms of resolution, and a careful section of the method of dispute resolution play an important role in successful alternative dispute resolution.

References

Canadian Human Rights Commission. 2004. Alternate Dispute Resolution. Accessed October 12, 2005. http://www.chrc-ccdp.ca/adr/default-en.asp

Center for Analysis of Alternative Dispute Resolution Systems. What You Need to Know about Dispute Resolution: The Guide to Dispute Resolution Processes. Accessed October 12, 2005. http://www.caadrs.org/downloads/draftbrochure.pdf

Legal Information Institute. Alternative dispute resolution (adr): an overview. Accessed October 12, 2005. http://www.law.cornell.edu/topics/adr.html

Shack, Jennifer. 2003. MEDIATION CAN BRING GAINS, BUT UNDER WHAT CONDITIONS? Originally published in Dispute Resolution Magazine, Volume 9, No. 2, Winter 2003. Accessed October 12, 2005. http://www.caadrs.org/studies/MedStudyArticle.htm

Stienstra, Donna and Willging, Thomas E. 1995. Alternatives to Litigation: Do They Have a Place in the Federal District Courts? Federal Judicial Center. Accessed October 12, 2005.…[continue]

Some Sources Used in Document:

"altlitig.pdf" 

Cite This Term Paper:

"Alternative Dispute Resolution Can Provide" (2005, October 12) Retrieved December 7, 2016, from http://www.paperdue.com/essay/alternative-dispute-resolution-can-provide-69558

"Alternative Dispute Resolution Can Provide" 12 October 2005. Web.7 December. 2016. <http://www.paperdue.com/essay/alternative-dispute-resolution-can-provide-69558>

"Alternative Dispute Resolution Can Provide", 12 October 2005, Accessed.7 December. 2016, http://www.paperdue.com/essay/alternative-dispute-resolution-can-provide-69558

Other Documents Pertaining To This Topic

  • Alternative Dispute Resolution

    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

  • Alternative Dispute Resolution ADR Many

    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

  • Resolution Alternative Dispute Resolution Legal

    " (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

  • Mediation and Alternative Dispute Resolution

    Alternate Dispute Resolution Mediation and Conflict Resolution Mediation is a process which brings two opposing parties to a table in the attempt to encourage them to develop their own resolution to a dispute. The traditional means of conflict resolution, of antagonistic litigation is costly, and creates a win-loose atmosphere between the parties. Through mediation, the two parties have the opportunity to create their own solution. Mediated agreements tend to lesson the adversarial

  • Contract Dispute Resolution Is Significant Because There

    Contract dispute resolution is significant because there is always a chance there will be a problem with a contract at some point while it is in effect. At that time, there are both administrative and judicial processes that are available for disputing contract problems. These processes can be used to resolve problems with contracts in order to determine who is "right" and "wrong" when it comes to the dispute. By

  • Mediation Online Dispute Resolution Online

    The primary challenge with online dispute resolution is that the online world does not perfectly mirror the real world. Mediation is typically most effective if the parties of the dispute are physically present with the mediator, yet with online dispute resolution there is a level of impersonality that interferes with the mediation process ("The pros," 2003). Although there are benefits to the asynchronous nature of e-mail, mediation is sometimes more

  • Resolution Model The Writer Explores

    In the case of this step being taken all parties agree to consider the recommendations and results of the investigation that will be carried out by this third party. The consultative committee is still heavily involved at this point as the committee and the employee that has the original complaint could not resolve it to every party's satisfaction and all parties agree to allow the third party to conduct a


Read Full Term Paper
Copyright 2016 . All Rights Reserved