Legal Blog on ADR (Alternative Dispute Resolution)

a)      ADR (Alternative Dispute Resolution) consists of three different methods that are used to come to mutual agreement in case of a disagreement between two parties. One might ask how these methods are different than litigation and the difference is what I’ve learned in my business law class. Litigation is simply a lawsuit against a party whereas ADR are the techniques/methods used to eliminate dispute and come to common grounds. The three methods include Arbitration, Negotiation and Mediation.  Arbitration is where an arbitrator is accepted as an impartial person who hears presentations from two parties and makes a decision based on those presentations. It’s different from litigation because litigation is where a judge can make a decision by relating the case to an older case or by stare decises. Negotiation is where the two parties discuss and see what’s best for both sides and come to a decision where it’s almost a win win situation for both sides. Once again litigation is different because only one party would win the case. Mediation is process where a third party is involved, known as the mediator, who helps both parties come to a decision by helping the two parties communicate better. This is different from litigation because during the litigation process, no third party helps both parties at the same time. ADR relates to my learning objectives by showing me that there are other options instead of just litigation to solve court related problems or even problems at a workplace. When an argument starts at a workplace or a conflict occurs, these methods could be and are effective ways to use to stop a dispute.  ADR can definitely be used in other areas in my life such as sports. I play a lot of soccer and basketball and my team mates and I always use mediation to communicate better when a dispute occurs. Even at school with my groups, we use these methods to get through disputes that can easily be solved since there are always disagreements in a group.

b)      One of the main questions ADR raised for me is questioning what process is the best to use. I mean Negotiation sounds like a good process to use every time but it could still turn out to be unfair if one party can’t negotiate properly. Choosing which process to use is definitely one of the tough decisions to make for me now since they all seem appropriate for most disputes.  Definitely feel like the mediation process is most helpful when communication is a problem. A third person never hurts to have to help communicate.

c)       In the future, if I have any minor or major disputes, I will be using ADR as a way to successfully solve problems.  At home, at work or at school, the ADR idea will always stick with me now to help me solve problems and show others as well that this is an effective method they could use. Perhaps I could be the mediator at times since now I understand the idea of it.