This week we studied Alternative Dispute Resolution topics. I want you to discus

Question

This week we studied Alternative Dispute Resolution topics. I want you to discuss each of the following ADR techniques and provide the advantages and disadvantages of each:

1) Negotiation
2. Mediation
3) Arbitration
4. Mini-Trial
5. Fact Finding
6. Judicial Referee

Discussion Topic 2
Under Federal Law discuss what aspect of the US Constitution allows the Federal Government to determine that statutes made in the states are unconstitutional. What is that power called and where is it found in the constitution

Explanation / Answer

Alternative dispute resolution techniques are important for solving problems. They have been designed uniquely to help in case of conflicts.

Advantages

Negotiation as an ADR technique is completely private.

It serves as a quick resolution to solve conflict and help to maintain relationship effectively

It is a method of resolution which is relatively informal.

Disadvantages

The involvement of the solicitor in this can be costly.

The offers are exchanged often and agreement is not reached until there is wasting of time and money in the court.

It is viewed as half way house and feel as if people do not receive enough as compared to their visits to the court.

2) mediation

Advantages

The main decision for mediation is depended on personal and business factors. It is not based on legal principles.

If two parties withhold information then it can be a problem for mediation.

The problem with mediation can he caused if there is on passive party and others might bulldoze it.

Disadvantages

If there is no success for mediation then the money wasted by parties on the process serves useless and expensive.

The hired mediator is outside the party and this can be a problem for the process sometimes.

The party can withdraw from the mediation at any point.

3) Arbitration

Advantages

The process is inexpensive and there are exceptions pertaining to arbitrators, lawyers etc.

It has application related to the exclusionary rules of evidence

There is no application for exclusionary rules of evidence and it applies if it is non cumulative and relevant.

There is strong point of confidentiality.

Disadvantages

There is no public record of the proceedings.

There is controlled equity

There is limited discovery

4) mini trial

Advantages

It is binding and its nature is confidential.

There is advantage related to the application of experienced knowledgeable business executives

It may be possible for parties to design resolution within the customs and practices of the industry.

Disadvantages

It is often expensive.

It may not be appropriate for cases involving personal injury and tort cases.

In the case of factors like speed and expense there should be consideration given to mediation instead of minitrial.

5. Fact finding

Advantages

It allows for checking of validity of facts and data

It is inexpensive method

The observer can do work measurements.

Disadvantages

It may be an impractical approach.

There are few tasks that may not be applicable.

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