Benefits of Alternative Dispute Resolution

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Recommended: Advantages and importance of Alternative Dispute Resolution

The purpose of this paper is to discuss what Alternative Dispute Resolution (ADR) is and how it came about, what different types of ADR there is to choose from and how ADR benefits both parties compared to litigation. ADR can quickly resolve almost any minor issue regarding most civil cases family, neighbors, employers, contractors, etc. ADR includes mediation (also known as conciliation), arbitration and settlement conferences. Some of the benefits of ADR include cost, speed, confidentiality, control, cooperative resolution and industry experts.

Brief History of ADR

ADR has been around for many years but has really taken off over the past few decades specifically after the Civil Rights Act of 1964 was passed. In the Civil Rights Act of 1964 outlawed “discrimination in employment or public accommodations on the basis of race, sex or national origin.” These laws opened up the “gateway” for employee's to fight employer's for fair treatment. Also, during this time the women's movement and the environmental movements where growing quickly leading to more and more court cases. The court system where becoming overwhelmed and cases were being delayed for long period of times. As the courts were trying to resolve cases quickly there were more and more procedural errors being made. ADR's like mediation and arbitration became a popular way of to deal with these types of cases and others and it was helping relieve pressure on the already overloaded court system.

The judicial system is still considered a fair way of disputing resolutions. However, it's time consuming and expensive. Some pro's of litigation, according to Citizen's Guide.ca: Pro's and Con's of litigation, are they can create a precedent that will prevent future ...

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... 2011

Henton, Lesley. What is a Settlement Conference? 2009-2011. July 18, 2011

Woods, Robert E. What are the Benefits to Alternative Dispute Resolution? 1995. July 6, 2011

Judicial Council of California. Alternative Dispute Resolution: Options for Resolving Your Dispute. 2011. July 12, 2011

Bakke-Norman Law Offices. Alternative Dispute Resolution: A Client's Guide to the Language and Procedure. 2010. July 15, 2011

Beyond Factory Farming Coalition. Citizen's Guide to Confronting a Factory Farm. April 2007. July 9, 2011

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