Thursday, May 9, 2019

ADR Processes Essay Example | Topics and Well Written Essays - 750 words

ADR Processes - Essay Examplerstly, alternative dispute resolution (ADR) is tell to be the techniques or procedures for resolution disputes short of trial in the public (Grossman, et al. 2009, p.1). There has been an growing interest in ADR mainly because it was said to be less costly, faster, less threatening, more receptive to the concerns of disputants, and more responsive to the primal problems (Grenig & Davies, Alternative divergence Resolution 11). Arbitration and mediation are just among the methods of alternative dispute resolution (Grossman, et al. 2009, p.1).However, thither is still a need to evaluate if indeed resort to alternative dispute resolution methods is grab in a particular case. As commented by Gail M. Valentine-Rutledge, these methods are not always the cure for all dispute or case that is presented (Valentine-Rutledge, 57 Am. Jur. Trials 555 (Originally published in 1995). She adds that there are cases where litigation is stop suited, which may either be due to the facts of the case, the personality or desires of the client or the personality of contend counsel (57 Am. Jur. Trials 555 (Originally published in 1995). Thus, to ascertain as to whether mediation will be beneficial in a specific situation, would now depend upon the factors of each specific case (Valentine-Rutledge, 1995).Mediation or arbitrament as a mode of resolving disputes, may not always be successful, hence, it is important to checker if those cases subject for mediation or arbitration have the highest likelihood of fair and reasonable settlement finished such a process (Valentine-Rutledge, 1995). The decision on whether mediation should be chosen as a mode of dispute resolution, should be on a case-by-case basis bearing in learning ability all the important factors (Valentine-Rutledge, 1995).Thus, it is important to take into consideration the nature of a particular case and the underlying dispute to determine if such case is appropriate for mediation

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