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They may or may not be a member of the legal profession, but are required to hear both sides of the dispute, then meet with the parties, and focus on a mutually beneficial solution to the issue. Mediation is less formal than arbitration, and tries to ensure that parties "really want a solution" to the issues and will work to find said solution. Arbitration, however, usually requires a judge or attorney, and is similar to a court proceeding. Often, both sides must agree to the decision by the arbitrator to be binding, and typically, arbitration avoids lengthy trial proceedings. In arbitration, both sides state their position, witnesses may be called, and the arbitrator can probe both sides as appropriate (McLean and Williamson, 2008; Raynor). For a win-win situation to occur, open and honest communication and finding common ground seems the best alternative.
Litigation can be costly, time-consuming and ultimately dissatisfying. Since both parties have a lot to lose monetarily, productively, and in personal relationships, alternative means might be the best route. ADR is a series of ways to settle disputes other than using the adversarial court system. Some of the processes are voluntary, others...
Some states require individuals to try arbitration or mediation prior to coming to court; and usually the economic benefits to doing so are staggering. ADR tend to reduce financial risks (high lawyer fees, Court costs, etc.) as well as being a way to proactively and positively find solutions to problems based on an attitude of win-win. ADR assumes that both parties wish resolution, and avoids long and protracted proceedings (Raynor, 2006).
REFERENCES
The Adversarial Legal System. (September 3, 2010). The Law Insider. Retrieved from: http://www.thelawinsider.com/insider-news/the-adversarial-legal-system-is-justice-served/
Cheeseman, H. (2010). Business Law, 7th ed. Upper Saddle River NJ: Pearson-Prentice Hall.
McLean, D.J. And Wilson, S. (2008). The Context of Med-Arb Agreements.
Dispute Resoultion Journal. 63 (3): 28-40.
Raynor, L. (October 2006). Litigation vs. ADR. Risk Management. 53 (10): 30-6.
Schroeder, P. (2011). Litigation vs. Alternative Dispute Resolution. Knoji Consumer Knowledge. Retrieved from: http://general-law.knoji.com/litigation-vs.-alternative-dispute-resolution-adr/
REFERENCES
The Adversarial Legal System. (September 3, 2010). The Law Insider. Retrieved from: http://www.thelawinsider.com/insider-news/the-adversarial-legal-system-is-justice-served/
Cheeseman, H. (2010). Business Law, 7th ed. Upper Saddle River NJ: Pearson-Prentice Hall.
McLean, D.J. And Wilson, S. (2008). The Context of Med-Arb Agreements.
Dispute Resoultion Journal. 63 (3): 28-40.
Schroeder, P. (2011). Litigation vs. Alternative Dispute Resolution. Knoji Consumer Knowledge. Retrieved from: http://general-law.knoji.com/litigation-vs.-alternative-dispute-resolution-adr/
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