Options to Overt Litigation
Alternative Dispute Resolution (ADR) programs are as follows:
Facilitation- a neutral third party is involved on both sides to solve by assuming that both parties want to reach a solution.
Mediation involves an impartial mediator that helps both parties resolve, but the parties control the agreement reached.
Arbitration- Here, the arbitrator listens to both arguments and evidence and then decides the dispute’s outcomes.
Neutral Evaluation- a neutral party listens to the case and then gives their opinion on strengths and weaknesses and how it can be solved.
Community Dispute Resolution Program- A community staff listens to both the plaintiffs and defendants then gives a solution.
Types of Cases that can be solved by ADR
Financial disputes, such as debts.
Components for each process
It assumes that both parties want to resolve.
The negotiation can be done through phone or email.
Judges sometimes use it.
It is informal.
It is formal.
It leaves disputing parties in control of the outcome.
It can be done either face to face or shuttle.
It is used mostly between parties who have a relationship to keep.
It is also suitable for disputes where there are emotions attached.
It is the most formal.
The decision making is taken away from the disputing parties.
Parties can agree to accept the final decision or request an appeal.
It is appropriate where parties want a decision-maker.
Community Dispute Resolution program
It comprises a community staff to make the decision.
The staff is mostly trained.
The staff members are volunteers.
It is appropriate in community-based disputes.
The courts refer most of the cases.
I am returning this document for you to redo and resubmit. Please go back to the syllabus and assignment requirements. I am looking for some creativity here. The purpose of this assignment is to design a brochure that will draw clients in and at the same time provide details on the alternative dispute resolution processes which available outside of litigation in court.
I want you to concentrate only on Negotiation, Mediation, and Arbitration.
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