Option 1: Alternative Dispute Resolution

In: Business and Management

Submitted By asingh07
Words 533
Pages 3
Option 1: Alternative Dispute Resolution
University of Phoenix

LAW/531

This paper is about the traditional litigation system and the non-traditional forms of Alternative Dispute Resolution (ADR). Alternative dispute resolution is a solution to a practical business and personal solution since these are related to the significant costs of resolving the disputes. In order to capture the true spirit of this assignment one must ultimately answer the following two questions: • what are some of the risks involved with traditional litigation?
• What circumstances might ADR be a more appropriate measure for business managers to reduce those risks is identified?
Traditional Litigation is defined as “The process of bringing, maintaining, and defending a lawsuit is called litigation. This is also called judicial dispute resolution because courts are used to decide the case.” (Cheeseman, 2010) The litigation process can take years to resolve, during that period the physical and mental state of witness can vary. Over time the physical and mental examination of witness can eliminate key discovery facts if the court determines the witness is unfit for examination. Alternative dispute resolutions are used by business and organizations because they are less costly and time consuming methods to resolve.
According to Cheeseman, 2010; alternative dispute resolution (ADR) is defined as “methods of resolving disputes other than litigation.” By far the most common form of ADR is arbitration, however other types of ADR exist such as negotiation, mediation, conciliation, mini-trial, fact-finding, and the use of a judicial referee.
“Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try to reach a voluntary settlement of their dispute.” (Cheeseman, 2010)
Mediation is another type of negation in which all parties involved in the issue select…...

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