Alternative Dispute Resolution

Alternative Dispute Resolution

Alternative Dispute Resolution
Alternative dispute resolutions processes are alternative methods of helping people resolve legal problems before going to court.   (Minnesota JB 2011)   It has become a very common practice for individuals who have conflicts to resolve the issues without costly court processes.   There are wide ranges of ADR techniques available to assist in resolving issues in controversy relating to workplace conflict.   The ADR processes offer an alternative to costly and time-consuming litigation processes.   In some cases, litigation cannot be avoided, however, if a resolution can be found it is sometimes better for both parties involved to settle issues this way.
Mediation
Mediation tries to work with each party separately at first then the parties will be brought together to try to talk it out.   Mediation is a required procedure in the litigation process that attempts to intervene during a dispute, keep the cases away from litigation, and secure a prompt and cost-effective resolution of a dispute.   All parties involved in the case will appear before a neutral third party.   The parties meet initially to discuss ground rules and to sign a mediation agreement that contains a provision makes all proceedings and documents confidential.   Initially, the mediator will ask each party to discuss the details imperative to the case as well as potential resolutions.   The mediator talks separately and privately with each of the parties in order to explore in depth settlement alternatives.   The mediator may repeat this process several times with or without further common sessions until an acceptable resolution is reached.   Mediation plays a useful role whenever the parties prefer settlement to protracted litigation and, better yet, allows the parties to devise a solution that suits their particular needs without the limitations imposed by the legal process (Baker and Ali, 2002).
Arbitration
Arbitration is a method used to resolve a dispute between two or...