ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution



Alternative Dispute Resolution

Introduction

For over a decade, the idea of settling employee-related complaints by means of Alternative Dispute Resolution (ADR) processes (Bland) has been embrace by management in United Kingdom (U.K.) government agencies. Simply defined, ADR is a means of solving employee-initiated complaints using a myriad of alternative methods other than courtroom trials or litigation (Stamato, 2000, 24). Processes may include an open door policy, third party investigations, fact-finding, peer reviews, mediation, arbitration, and a combination thereof. Although it is a relatively new concept to the federal government, the means of employing alternative dispute resolution processes to settle complaints has been utilized for the mediation of international conflicts throughout history.

Alternative Dispute Resolution

Companies that enter into contracts with foreign partners are considering a business relationship harmonious. However, if a conflict should arise, they can appeal to a neutral settlement mechanism referred to as the Alternative Dispute Resolution (ADR) and avoid lengthy and costly litigation. The Advisory Committee on Private Commercial Disputes under NAFTA has prepared a document to help companies understand the RED and to include such mechanisms in their international contracts. It is suggested in wolf report because it provides an overview of some of the possible ADR, which is available to the parties to contracts in the territorial area covered by NAFTA. It provides examples of clauses that could be inserted in contracts, and it also describes certain other provisions that might find it worthwhile to include these clauses. It also describes the major arbitral institutions in existence for the NAFTA region and lists certain criteria that could assist the parties in their choice of institution best suited to their particular contract, should they decide to use to these institutions for their arbitration. May not necessarily be exposed in this paper that the basic principles (Menkel, 2005, 4).

The parties should consult one of the arbitral institutions listed or contact other skills before finalizing the terms of their contract. It is important to consider, when drafting the contract, if the parties will want to use one or the other of such dispute resolution in disputes. A well drafted clause can not only enable a more effective resolution of any differences, it can also deter breaches of the agreement because an effective mechanism to enforce contractual rights was intended. Alternative dispute resolution comprises a variety of techniques and approaches for resolving conflicts consensually so as to avoid the costs, delays and unpredictability of the processes more traditional, adversarial conflict. These techniques can include mediation, facilitation, neutral evaluation, conciliation, resolution of fact, the use of an ombudsman, arrange conferences, mini trials and peer review (Folberg, 2004, 32).

Types of ADR

There are three types of ADR (Wissler, 2007, 65):

Mediation

In mediation, an independent mediator works with the parties to reach a resolution. Mediators are trained professionals capable of helping the parties. If mediation is successful, then the parties will sign a legally enforceable mediation agreement that both agree to meet. Finally, if negotiation is not successful, then the parties can ...