Three Differences Of Alternative Dispute Resolution Vs. Litigation

Alternative Dispute Resolution vs Litigation
In this paper we will review three scenarios of conflicts where I will provide my opinion on whether alternative dispute resolution would be preferable or litigation. Firstly, we must understand what Alternative Dispute Resolution (ADR). ADR encompasses a number of various options for resolving disputes and conflicts of various natures. Some forms of ADR that you may be familiar with include mediation, negotiation, and arbitration (Lau & Johnson, 2011).
Mediation is defined as “a method of ADR in which parties work to form a mutually acceptable agreement” (Lau & Johnson, 2011). With mediation, there is a mediator that works with the parties involved and the parties are present voluntarily. In mediation, mediator does not make a decision with respect to the dispute, but rather acts as a go-between the parties to assist them in coming to an

That being said, although litigation is costly and time consuming, sometimes it is the best option suitable for resolving a particular dispute. For example, where there is a substancial dispute over money loss or theft, the odds are that litigation is where the case will end up, so why waste the time and money attempting to resolve with ADR? In the end it just increases the costs. However, if you have an employer/employee dispute, it’s likely in the best interest of both parties to resolve with a method other than litigation if at all possible. The extensive costs of litigation and lack of privacy, along with the average duration could be detrimental to both the employer and employee with the exception of sexual harassment. In conclusion, it is important to weigh the value of the dispute, time, and costs that may likely be associated to help determine whether ADR or litigation would be best