Question

Research alternative dispute resolution methods. Identify and define 2 to 3 methods of alternative dispute resolution. Write one sentence for each method that describes when it might be used in a business dispute. Use correct APA format for your paper including title page and reference page.

Answer 1

“To avoid or reduce these problems, businesses are increasingly turning to methods of alternative dispute resolution (ADR) and other aids to resolving disputes”. This method of dispute resolution is not costly and does not disrupt business as usual or life as usual.

Arbitration is the commonly used form of ADR. “These type of disputes fall outside of the judicial realm” (ADR, 2010). Various forms of ADR exist, such as negotiation, mediation, conciliation, mini-trial, fact-finding, and the use of a judicial referee. Following is a brief description of each form of alternative dispute resolution.

Arbitration is used to assist parties in deciding the outcome of the dispute by employing an impartial third party, called an arbitrator, who is usually a member of an association and must be qualified to hear and decide a case.

Negotiations can begin before, during , and after a lawsuit is filed. The parties negotiate with each other, but it is best to have an attorney present to assist in reaching a mutual settlement. The parties usually make offers and counteroffers and may provide additional information to help the other side reach an amicable settlement. Sometimes negotiations are mandated by the courts before they go to trial.

Mediation is similar to negotiation. It requires an unbiased third party to assist in the settlement of a dispute. A mediator does not render a decision in the case. The mediator is the intermediary between the parties. Based on the information received from both sides, the mediator can make an informed opinion regarding the dispute and can recommend a fair settlement offer to each party