Law 421 Alternative Dispute Resolution Paper

Dispute Summary Paper

LAW 421

Dispute Summary Paper
Alternative Dispute Resolution (ADR) is an important aspect of the court’s structure in that it allows disputes to be resolved without the need for litigation. The different types of this key alternative will be discussed along with a pros and cons of each alternative type. A personal perspective of how ADR has worked for me in the past will be included as well as what type was used.
What is ADR
The definition of ADR is an acronym for alternative dispute resolution. Alternative dispute resolution is a program put in place to help resolve civil cases reach an agreement prior to entering the court. This program helps the court and individuals reach an agreement in a cost effective manner. It is also a requirement in certain counties across the nation in order to avoid costly litigations and give chance to resolution without involving the court.
Types of ADR
The court offers four different types of alternative dispute resolution which are arbitration, early neutral evaluation (ENE), Mediation, settlement conference with a magistrate judge. All of these types have pros and cons but ultimately the biggest con would be that regardless of these alternatives many cases continue to
proceed in court when one or both parties fail to reach an agreement.
Arbitration
Arbitration is very similar to early neutral evaluation in the sense that it offers a low cost meeting that is usually the starting point of trying to find a resolution between parties.
The pro is that there can be a panel of arbitrators which consist of three arbitrators. The counsel may serve subpoenas and present evidence or other key components as if it were a trial but more informal. A con may be that the proceedings are recorded and can be used in trial. The con would be that if agreements aren’t reached then both sides have insight to each-others approach which could then drag on litigations (© 2011 United States District Court, Northern District of California,
2011).
Early neutral evaluation (ENE)
Early neutral evaluation (ENE) has some pros like it give clients and their counsel to meet in person formally along with an expert to help guide the two parties into an understanding of each sides position. Another pro is that nothing discussed can be used in trail by either party. It also provides both parties with a chance of avoiding costly legal fees. The con of the type of Alternative dispute resolution would be that it is limited in time. The expert provided is a volunteer but four hours is the limit after the four hours they charge a $300 per hour fee. The ultimate con is that this method will not seek an agreement (© 2011 United States District Court, Northern District of California, 2011).
Mediation
Mediation has in my perspective many cons the only pro of mediation is that it allows for two parties to come to a resolution. The cons of mediation, is that a court provides an expert to find the weaknesses of each party. This means that the mediator will use the weaknesses to drive the two parties to an agreement. The mediator does not use a method of example of the best individual but rather focuses on achieving the goal of resolution (© 2011 United States District Court, Northern District of California, 2011).
Settlement conference
Settlement conference with a magistrate judge has pros and cons alike the pro of such an arrangement is that it has no cost to the parties involved. The proceedings can be done by a named judge or if both parties cannot come to an agreement as to which judge should preside then a list of five judges will be drawn up in order to resolve that issue. The cons are that if agreements are made but the parties choose to continue to trial none of the information would be made available unless both parties agree (© 2011 United States District Court, Northern District of California, 2011).
ADR Results
The following is a case of employee-employee issue. The only experience that I know of is in a workplace there was a male employee who made an inappropriate gesture to a female employee of a temp agency. The issue was brought up to the supervisor whom thought the two individuals were once dating. Still the issue was brought up to management but never went further. Two weeks later the female from the temp agency filled a law suit. The counsel from both the corporation and the individual party met in arbitration which than resulted in a settlement of $200,000 dollars for the female. The use of ADR avoided costly litigation for both parties and succeeded in finding a resolution with a trial.
Conclusion
In conclusion the Alternative Dispute Resolutions (ADR) is a step toward achieving resolution in the attempt to saving the judicial system and, individual parties costly litigations. A brief pros and cons of each alternative dispute resolution were given. The personal experience of alternative dispute resolution and how it resolved a case and prevented it from going to trial was given. In the end I believe alternative dispute resolutions are unpredictable in the sense that it may or may not resolve cases.

References © 2011 United States District Court, Northern District of California. (2011). Alternate Dispute Resolution. Retrieved from http://cand.uscourts.gov/adr

(© 2011 United States District Court, Northern District of California, 2011).

The Legal Environment of Business: A Managerial Approach: Theory to Practice, 1e
ISBN: 9780073377698 Author: Sean P. Melvin copyright © 2011 McGraw-Hill