The purpose of this paper is to discuss what Alternative Dispute Resolution (ADR) is and how it came about, what different types of ADR there is to choose from and how ADR benefits both parties compared to litigation. ADR can quickly resolve almost any minor issue regarding most civil cases family, neighbors, employers, contractors, etc. ADR includes mediation (also known as conciliation), arbitration and settlement conferences. Some of the benefits of ADR include cost, speed, confidentiality, control, cooperative resolution and industry experts.
Brief History of ADR
ADR has been around for many years but has really taken off over the past few decades specifically after the Civil Rights Act of 1964 was passed. In the Civil Rights Act of 1964 outlawed “discrimination in employment or public accommodations on the basis of race, sex or national origin.” These laws opened up the “gateway” for employee's to fight employer's for fair treatment. Also, during this time the women's movement and the environmental movements where growing quickly leading to more and more court cases. The court system where becoming overwhelmed and cases were being delayed for long period of times. As the courts were trying to resolve cases quickly there were more and more procedural errors being made. ADR's like mediation and arbitration became a popular way of to deal with these types of cases and others and it was helping relieve pressure on the already overloaded court system.
The judicial system is still considered a fair way of disputing resolutions. However, it's time consuming and expensive. Some pro's of litigation, according to Citizen's Guide.ca: Pro's and Con's of litigation, are they can create a precedent that will prevent future corporations from getting away with the offense they've done. They can also stop or delay development while legal issues remain resolved. It also will show the corporation that you are serious about the issue. Lastly, it can expose the corporation to increased public scrutiny as your case gains access to evidence.
Listed on this same site were con's of litigation. Litigation can create a damaging precedent if you lose, making it harder for other communities to defend themselves against the offense in question. It can also be very costly and use up resources, both financial and personal, that could have been used in other ways. Not to mention that litigation can heighten conflict, making it more difficult to repair relationships with in the community later on.
Types of ADR
Mediation is one of the most common types of ADR and is also known as conciliation. In mediation, a mediator (neutral) is assigned to the dispute and helps the two parties mutually reach a resolution and the session is entirely voluntarily. According to TheFreeDictionary.com by Fairflex, the mediation typically starts with the mediator defining what exactly will happen during the session, where and when the sessions will...