Alternative Dispute Resolutions

Directions

Identify the following methods of alternative dispute resolution

Scenario #1

The parties to a divorce meet with a neutral third party who emphasizes points of agreement and proposes solutions to resolve their dispute. After several hours, the parties come to a solution.

• Binding Arbitration

• Summary Jury Trial

• Mediation

• Negotiation

Answer explanation

Mediation is a conflict resolution process where two disputing parties voluntarily allow an impartial third person to act as a mediator to assist them to reach a satisfactory agreement

Directions

Identify the following methods of alternative dispute resolution

Scenario #2

The parties to a contract dispute submit it to a neutral third party for a legally binding resolution. The neutral third party is not a court

• Binding Arbitration

• Negotiation resulting in a settlement agreement

• Summary Jury Trial

• Mediation

Answer explanation

 

The requirement Binding arbitration can be used to deal with issues such as:

·   Employment contract disputes

·  Business transaction conflicts, especially debates over a contract

·  Disputes over property and estates

·  Child custody and visitation arrangements

· Support payments, such as child support or spousal support

  

 

Directions

Identify the following methods of alternative dispute resolution

Scenario #3

The plaintiff and defense attorneys in a personal-injury case propose settlement figures to oneanother and their clients in an effort to resolve the lawsuit voluntarily.

• Binding Arbritration

• Negotiation Resulting in a settlement agreement

• Negotiation

• Mediation

Answer explanation

Negotiation may be defined as any form of direct or indirect communication through which parties who have conflicting interests discuss the form of any action which they might take together to manage and ultimately resolve the dispute between them.

In this scenario, two opposing counsel are demonstrating acts of negotiation.

Which of the following are more expensive for the public (our taxes go to it)?

• negotiation

• arbitration

• mediation

• litigation

What is the role of the mediator?

• Offer a solution to the parties involved in the mediation

• Act as an impartial third party facilitating discussion without taking a side

• Investigate the issue being discussed

• To pronounce the verdict of the jury

The outcome of mediation is legally binding

• True

• False

The outcome of arbitration is...

• Decided by the parties and is not legally binding

• Decided by the parties and is legally binding

• Decided by the arbitrator and is not legally binding

• Decided by the arbitrator and is legally binding

Which of the following are benefits of arbitration?

• Usually faster than a court case

• The outcome is legally binding

• Allows for win-win scenarios for the parties

• Provides a cooperative solution

Which of the following are disadvantages of mediation?

• A solution may not be reached

• Only allows for win/lose scenarios

• Can be expensive due to significant fees

• Decision is not legally binding

ADR was introduced because...

• The court process is lengthy, expensive and alienating

• The Federal government implemented an Act of Parliament