BUL 3130 Paper 4 - Alternate Dispute Resolution Tools...

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Alternate Dispute Resolution Tools (Mediation and Arbitration) Relationship to National and International Business Conflicts. Dr. Charles Lako Jr. 3/27/08 BUL 3130 Section OLO1 Timothy Nolen T1779812 Word Count: 1601
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Alternate Dispute Resolution Tools (Mediation and Arbitration) Relationship to National and International Business Conflicts. Throughout this paper we will review different forms of alternate dispute resolution, including mediation and arbitration. . This report will explore real life examples of how alternate dispute resolution, also known as ADR, can positively impact the business world and help to alleviate unneeded stress on the legal system. Also this report will explain how this form of resolution is a very successful form of conflict resolution opposed to prolonged litigation. Alternate Dispute Resolution According to Cornell Law School, “Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes arbitration, mediation, early neutral evaluation, and conciliation. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. The two most common forms of ADR are arbitration and mediation.” (1, Cornell) These two popular forms of ADR both have their own set of advantages for when it is best to use them. “Mediation is an informal, voluntary process in which an impartial person, trained in facilitation and negotiation techniques, helps the parties reach a mutually acceptable resolution. What distinguishes mediation from other forms of dispute resolution—principally, arbitration and litigation—is that the mediator does not impose a solution but rather works with the parties to create their own solution. Mediated solutions often include relief not available in arbitration or litigation. Mediation is flexible and creative. The actual process varies from case to case depending largely on the parties' needs and the mediator's style. Usually, the parties meet to
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discuss the issues face-to-face. The mediator helps the discussions remain focused and productive. Then, the mediator may hold private caucuses with each party separately, and will carry messages—clarifications, questions, proposals, offers, and counter offers—back and forth between them. The mediator uses the private caucus and other techniques to facilitate the negotiation. Mediation is non-binding. The emphasis is on fashioning a solution satisfactory to all. However, if the parties cannot negotiate an acceptable settlement, they may still benefit from
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This note was uploaded on 04/22/2008 for the course BUL 3130 taught by Professor Tessitore during the Spring '08 term at University of Central Florida.

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BUL 3130 Paper 4 - Alternate Dispute Resolution Tools...

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