Power Imbalances



Power Imbalances

Introduction

Every society has certain laws and regulations. These laws directly influence the life of the people. There are laws for every issue to keep everything balance. Common people do understand some common laws,, but they do not understand all the laws. Every law is somehow different from other law. Alternative Dispute Resolution reflects the resolutions of disputes process or to settle the agreement between the parties who disagree at certain points. Another name for ADR is External Dispute Resolution, but it is not common. ADR is an alternate in many cases to the formal court. It is the very formal way in which parties can adjust their disputes without involving any other party. It is the method of solving disputes beyond the judicial processes.

Discussion

ADR is becoming common in public as well as advocates in high courts. It is getting popularity among common man and the legal professionals. However, some courts focus to send some parties to solve their dispute through any type of ADR. We can also predict the popularity of ADR by imagining the pressure load on traditional courts. It is a common idea that Alternative Dispute Resolution is not costly as the litigation. The dispute settled confidentially while choosing any type of ADR. The party selects the individual or group who will adjust their disputes.ADR is normally divided into four types; Negotiation, Mediation, Collaborative Law, Arbitration. Sometimes, fifth type used which is conciliation. But, it is also considering as part of the mediation. ADR can easily use side by side of any present legal system. For example, the sharia courts in which there are common law jurisdictions such as UK. ADR is normally variable. It is different in different countries and varies according to the culture. However, each country has the significant points included in the ADR which is common. Alternative Dispute Resolution deals in two types. First, it deals the dispute outside the judicial methods. Second, deals in informal mechanisms attached to the judicial methods.

Arbitration includes the third party who is a judge and he can pass the resolution. Arbitration is that resolution of the dispute which normally occurs when considering the long term agreements. This is also known as the Scott Avery Clause. The use of arbitration is in credit card agreements. It is that type of procedure in which two parties represent their case to the third party. The third party may be the judge who considers all the factors and issues then make any firm decision. In any case, there is one party who is right and one which is wrong. The presentation made to prove one party wrong and one party right. In case of arbitration, it is not much formal as the court and the rules modify in order to meet the needs of parties. The arbitrator tends to decide one side wrong. There is no need to go out of the way to meet the demands of both parties at the same time.

Arbitration commonly uses in USA in labor-management ...