Alternative Dispute Resolution

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Alternative Dispute Resolution

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        Alternative Dispute Resolution (ADR) is a means of resolving and settling disputes out of court through appeasement, reconciliation, mediation, negotiation and other arbitration methods. Since all Americans value personal privacy very dearly, they find Alternative Dispute Resolution as a reasonable means of settling disputes amicably where no or very little personal details will be leaked to public saving them from unnecessary publicity, disgrace or humiliation. When compared to Alternate Dispute Resolution, court trials are time consuming, costly, require completion of a lot of formalities and the results very often have adverse effects on the losing parties.

       Mediators and arbitrators play an important role in Alternate Dispute Resolution. The mediator interviews contending parties, conducts thorough discussions with them, provides ample repeated opportunities to remove misunderstandings and communication gaps, tries to establish common areas of agreement and disagreement and finally takes consent of both parties to draft a resolution. Here a sort of group pressure and social pressure rather than legal forces comes into play, and if an agreement is reached, it is put in writing that will be lasting and binding on both parties.

       The Equal Opportunity Employment commission (EEOC) requires all states to offer Alternate Dispute Resolution at all stages of EEO complaint process to settle employment related issues. If a resolution is finally arrived, it is put into writing to make it legally acceptable.

       In recent times law experts advise not to consider Alternate Dispute Resolution as an alternative to court action even though it is easy and effective. Many have suggested replacing the word “alternate” with the word “appropriate” to read it as “Appropriate Dispute Resolution”.

Alternative Dispute Resolution