Sample Essay on:
ALTERNATIVE DISPUTE RESOLUTION, MEDIATION AND ARBIRATION

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Essay / Research Paper Abstract

This 3-page paper provides an overview of alternative dispute resolution and mediation. Bibliography lists 3 sources.

Page Count:

3 pages (~225 words per page)

File: AS43_MTadrpropa.rtf

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Unformatted sample text from the term paper:

is negotiating a contract with distributor XYZ, a delivery company headquartered in Pittsburgh. ABC wants to contract with XYZ to deliver books to distributors in 14 states. Deliveries would originate in Florida, with truck and train used to transport the books to the 14 ABC locations. And, as they should, both parties want to rely on the alternative dispute resolution process to avoid lawsuits. Alternative dispute resolution, also known as ADR, is a process of helping parties resolve legal disputes before they end up in court (Alternative Dispute Resolution). ADR brings in an independent third person (a "neutral") who works with both parties to help resolve the issue, or at least, to come to some kind of agreement on the conflict areas (Alternative Dispute Resolution). But if both parties are smart, as ABC and XYZ seem to be, they can work out arbitration clause while negotiating the contracts. Bennett (2002) points out that the first agreement should be whether an arbitration clause should be implemented in the first place, and how broad or narrow it should be. Other topics to be addressed should include how the arbitrator should be chosen, the location of the arbitration and how the award will be enforced (Bennett, 2002). The issue were dealing with through ABC and XYZ is that of transportation through 14 states, meaning 14 different state laws, if it comes to that. There are also issues concerning timing of delivery, the shape of the goods upon arrival and payment. Any of these issues could be fodder for potential lawsuits. Aliment (2009) in his article about arbitration and ADR in an international setting, points ...

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