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Alternative Dispute Resolution forms
The need for a large investment of time and money on litigation led to Alternative Dispute Resolution methods, which are often more effective and beneficial. There are three forms of ADR: adjudicative, evaluative, and facilitative (McManus & Silverstein, 2011). The most common ADR types are arbitration, mediation, and neutral evaluation (ADR types & benefits, 2011). Each of the types has advantages and disadvantages that make them suitable for different types of cases. What factors influence the choice of a particular ADR type?
Arbitration
Arbitration involves a neutral participant who listens and evaluates the evidence and arguments of the parties. It is appropriate when the parties want their conflict to be resolved by an independent person, but faster than in court. Arbitration is suitable for complicated disputes that require the involvement of an expert as well. However, if the parties do not want to lose control over the process, this type should not be chosen.
Mediation
The main advantage of mediation is that the parties control the process. This type is chosen when parties want to keep their relationships. Thus, mediation is suitable for resolving disputes between business partners. It is especially effective in situations where emotions prevent the parties from negotiating or reaching an agreement because it involves an independent mediator. However, mediation will not be useful if one party refuses to negotiate or has significantly superior power.
Neutral Evaluation
During the neutral evaluation, the expert evaluates the parties evidence and arguments, which they later use in negotiations. This type is well suited for resolving disputes related to technical problems that require an experts presence. Neutral evaluation is also useful if the main subject of the dispute is the assessment of the amount of damage. However, this type is not suitable for resolving emotional and personal conflicts.
References
ADR types & benefits. (2011). California courts: The judicial branch of California. Web.
McManus, M., & Silverstein, B. (2011). Brief history of Alternative Dispute Resolution in the United States. Cadmus, 1(3), 100105.
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