ADR Report
The author of this report has been asked to prepare a brief report about a real-world example of a situation that could have gone to litigation but was instead handled via alternative dispute resolution, or ADR for short. As part of the recitation of the event, facts will be included such as the legal form of the business in question, how the case would have been processed through the court system (had it gotten that far), the form of alternative dispute resolution that was used, the form of alternative dispute resolution that the author recommends and the differences in costs and benefits between litigation and ADR in regards to the selected dispute.
The business in question for this report (which shall not be named) is a moderately sized Subchapter S Corporation (S-Corp) business with about two hundred employees. For smaller to moderately sized businesses, the S-Corp structure is quite popular (Raible, Teti & Brinker, 2015). At issue was the fact that the customer service for the business in question made a series of miscues that led to a client being inconvenienced, but not out any real money or other damages. The required deliverable, albeit late, was delivered to the client. When the client was presented with...
Alternative dispute resolution (ADR) is a dispute resolution process that acts as a means of using an external party to settle disagreements between two parties Colbran, 2012. ADR has now become widespread and accepted by many states and counties in the United States. In the recent past, some courts have demanded that some parties use ADR to settle their cases. If the mediation process of ADR does not reach an agreement
In particular, Jennifer Shack (2003) notes that mediation can save time and money and improve the satisfaction of those using the court system, but only under certain conditions. Shack (2003) notes that the type of mediation program used is important in seeing advantages over legal actions. She notes that while there has been a "tendency has been to equate one mediation program with another and to assume the effectiveness of
Furthermore, he has displayed extreme anger towards her and appears completely unwilling to compromise. He wishes to keep both the house and Eduardo to himself, as he seems to feel betrayed by Cherry, and wants as little as possible contact with her. Cherry in turn is worried about the effect of this upon her child. The requirements for mediation have therefore only been fulfilled by Cherry, whereas Giovani appears to
" (U.S. Equal Opportunity Employment Commission, nd) This is a voluntary mediation agreement, which may opt out of by the employer or the employee. The benefits of the UAM include: (1) "UAM demonstrates from the outset a company's willingness to mediate on cases eligible for mediation - this may contribute to the ultimate satisfactory resolution of a matter; (2) With a UAM, the initial step of contacting the employer to
Both parties present evidence to a neutral party. However, the neutral party acts as a mediator, not simply as a finder of fact. The neutral attempts to help the parties settle the dispute based upon the neutral's evaluation of the case. The mini-trial suffers from the same drawbacks as the summary jury trial. However, its greatest strength is that, once the neutral has shown both parties their likelihood of
Alternative Commercial Dispute Resolution: A Critical Assessment of the ADR Mechanism in the Saudi Legal System and Practice General review of Alternative Dispute Resolution The rationale of the ADR movement. The benefits of using arbitration in particular in lieu of formal adjudication in the courts have attracted a growing amount of interest from the private sector around the world. For example, Davis and Katbeh (2009) point out that this process is
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