The Basic Principles Of Alternative Dispute Resolution

4367 words - 17 pages

AbstractThe basic principles of alternative dispute resolution (ADR) are reviewed and discussed in relation to actual business disputes that were resolved through ADR.Alternative Dispute ResolutionAfter a review of the usefulness and purpose of alternative dispute resolution (ADR), this paper examines represenative examples of business disputes that were resolved without recourse to court proceedings. The sample cases are examined by way of illustrating the fundamental principles of ADR.An Alternative to What?Even when all the participants act in good faith and none has dishonorable intentions, business contracts and transactions lead to conflict from time to time. Most conflicts are the result of differing interpretations of contractual obligations, differing assumptions that were inadequately addressed in the contract, implied responsibilities, or the scope of activities covered by a contract. Misunderstandings are common because of people's differing perceptions, backgrounds, assumptions, and priorities, as well as the natural ambiguity of human language, however carefully worded a contract might be (AAA, 2000).It is safe to say that dispute resolution is a good thing for business, since it allows business relationships to continue without the distraction of the dispute. So, why alternative dispute resolution? Historically, the standard mechanism to resolve business disputes was to go to litigation. While this guarantees a resolution - or at least, an end - to a dispute, it tends to be time-consuming and expensive. It can also leave both parties dissatisfied, even if the dispute is technically resolved according to the letter of the law.Hostile litigation can take so much time and use so many resources that neither side "wins" in a meaningful sense of the word. The prevailing disputant often enjoys only a Pyrrhic victory, since the cost of victory can be staggering (Corley, et al, 2001, p. 89). It is perhaps poetically just that the Pyrrhic War itself arose in part because one party in a contract dispute refused to accept a straightforward resolution. On their way to aid Greek city-states in resisting barbarian incursions, some Roman vessels passed too close to Tarentum, technically in violation of the treaty of 302 BC. Rome sent an embassy of apology to Tarentum, but while the ambassador was reciting the apology in the theater of Tarentum, he was ridiculed and his robe intentionally soiled. He vowed the robe would one day be cleansed in blood. Tarentum requested the aid of Pyrrhus of Epirus to fight Rome, who promptly imposed martial law on Tarentum iteself before carving his own niche in history (Gowen, 2001). How much simpler it would have been to accept the apology and be done with it!Litigation may not be quite as bloody as war in all cases, but nonetheless commercial enterprises (and individuals) prefer to resolve disputes quickly and cheaply, so they can return to business as usual. Given that the disputants in most cases are not "out...

Find Another Essay On The basic principles of alternative dispute resolution

Alternative Dispute Resolution Essay

3377 words - 14 pages Alternative Dispute Resolution Resolution in the courts is not the only method of dispute resolution. If the parties can resolve their own differences then there would be no need to use the court system which would benefit all parties being the claimant, defence and the civil justice service. Although the court service is a good and fair way of dealing with civil disputes in might not be the ideal way in getting the

Alternative Dispute Resolution Essay

1312 words - 5 pages Alternative Dispute Resolution Consider carefully the facts of the case study and advise Eagle Aviation Ltd. and Aircraft Ltd. of the alternatives to litigation in the ordinary courts and the advantages and disadvantages of each alternative form of ADR. This submission will identify and define each form of Alternative Dispute Resolution (ADR) including each of the forms advantages and disadvantages. It will also compare and contrast

Alternative Dispute Resolution

1889 words - 8 pages Alternative Dispute Resolution There are various ways of settling disputes without using the civil courts, these are knows as Alternative Dispute Resolution, or ADR which are used mainly in construction, family, commercial and employment issues. There are 3 main types of ADR: conciliation, mediation and arbitration, this essay will explore how they work and what is involved in each process. Mediation A

Alternative Dispute Resolution

808 words - 3 pages repairs came to around $9,000. The Smiths sent a demand letter to the sellers, which they denied that they misrepresented any of the information in the disclosure form. The Smith’s sales contract specified that any disagreement between the seller and buyer must be dealt with by mediation. MediationMediation is one method of an alternative dispute resolution (ADR). ADR methods are used for resolving disputes other than litigation. ADR aims to

Alternative Dispute Resolution

567 words - 2 pages "Alternative Dispute Resolution (ADR) is a process in which a third neutral party assists in resolving disputes by using various techniques to reach a resolution acceptable to the parties" (The U.S. Equal Employment Opportunity Commission, 2005). I will be going over an Alternative Dispute Scenario about a female employee who just graduated from college, who claims that an older male worker (with 30-years of outstanding service to his company

Alternative Dispute Resolution Research Worksheet

2682 words - 11 pages of control they have in this situation. The loss of money, time and documents begins to take place the second they get in front of a jury.M-Core should take advantage of the lessons that Toro learned from choosing mediation as an alternative dispute resolution approach. Using this pre-litigation mediation, they just could resolve the issues causing the three homeowners who are holding out affording the company to get back on track with their

Alternative Dispute Resolution (ADR) at work

739 words - 3 pages The use of Alternative Dispute Resolution (ADR) was positive but there were three conclusions made the way the company handled the situation. The driver’s point of view, the executives point of view, and the fellow dispatcher’s point of view. The company would be better off not using ADR until they are more developed in that area or have the correct resources. Here is an example of how this company misused ADR to create different point

Alternative Dispute Resolution (ADR)clause that can be used by a learning team to resolve disagreements among the learning team members

751 words - 3 pages Alternative Dispute ResolutionAlternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. Most important, the use of ADR can provide greater satisfaction with the way disputes are resolved. The writer will discuss how ADR clause can be use in the learning team.The learning team is an

Dispute Resolution in The Merchant of Venice

1315 words - 5 pages term “Alternative Dispute Resolution” or ADR. Alternative Dispute Resolution refers to a repertoire of mechanism that can substitute court trials and largely entail discussions between the disputant parties. These methods are also referred to as “out of court settlements”, whereby the parties involved in the dispute are encouraged to negotiate and find a solution to resolve their dispute. The ADR system is subdivided into the following categories

Dispute Resolution in the People's Republic of China

1632 words - 7 pages is to utilise friendly negotiation. The objective is to resolve dispute in the most informal, private and friendly manner. Such an approach to dispute resolution is even gaining international prominence:"China's new and flexible method of seeking amicable and friendly settlements on the basis of mutual understanding, fairness, and justice is the cause of its worldwide recognition."The foreign investors need to appreciate that this is an approach

Understanding The Basic Principles of Voodoo

1935 words - 8 pages understand the basic principles of Voodoo, it seems necessary to understand the very word itself. The original spelling was “Vodun,” which is Louisiana’s derivative of the French word for spirit. The word has many other spellings, all of which were created to capture the pronunciation of the Haitians. However, many of the various spellings can also be linked to American scholars who first studied the religion. It would appear that their goal was

Similar Essays

Benefits Of Alternative Dispute Resolution Essay

2283 words - 9 pages 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

The Pros And Cons Of Alternative Dispute Resolution

3748 words - 15 pages This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties

Alternative Dispute Resolution Essay 953 Words

953 words - 4 pages for and damages.Based on the facts, the value of the damaged system repaired and sold as used and the potential cost of a court case the OEM wanted to settle the dispute amicably. Alternate dispute resolution was the preferred method to resolve the problem. The freight company obviously tried to hide the fact the system was dropped by repairing the crate in a different manner than when it was originally packed and failed to notify any of any

Alternative Dispute Resolution Essay

672 words - 3 pages Alternative Dispute Resolution PAGE 1 Alternative Dispute Resolution (ADR) has become an increasing popular option, which allows individuals to resolve issues outside of a courtroom. The ADR process can be a much faster, cheaper, and less stressful for all involved. This process can also be an effective tool when it comes to teams. At the University of Phoenix, the learning team has become a great help for students to achieve their academic