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Essay / Research Paper Abstract
This 30 page paper discusses alternative dispute resolution (ADR), what it is, how it works, and what the current thinking is about the procedure. We'll also discover that although ADR seems an attractive and practical alternative to litigation, it has its critics, who are now suggesting that the alternative needs an alternative. Bibliography lists 25 sources.
Page Count:
30 pages (~225 words per page)
File: D0_HVADR.rtf
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Unformatted sample text from the term paper:
steadily gaining ground. The justice system in the United States is overcrowded, overworked, and generally regarded with some degree of suspicion as a place where the rich can get
away with anything while the poor get sent directly to jail. There is some truth in these accusations, certainly in the observation that the system is badly overcrowded; our Constitutional
right to a speedy trial has long since disappeared. However, a mechanism has emerged that offers a degree of relief from the overloaded system: alternative dispute resolution (ADR).
In this paper well consider what ADR is, how it works, and what the current thinking is about the procedure. Well also discover that although ADR seems an
attractive and practical alternative to litigation, it has its critics, who are now suggesting that the alternative needs an alternative. The Basics: What is Alternative Dispute Resolution (ADR)?
Alternative dispute resolution (ADR) is the general term that covers several different types of settlement processes that can go forward without the formality (and expense) of litigation. The two
most common types of ADR are mediation and arbitration. In mediation, there is no legal authority present to decide issues of law, and so it is the responsibility of the
parties to decide what the resolution of the dispute will be; mediation is a form of negotiation (Marcellino, 2004). Arbitration, however, is "adjudicative," meaning that it is the arbitrators
who render the decision in the case (Marcellino, 2004). Under the Federal Arbitration Act and the Uniform Arbitration Act, which have been adopted "in virtually every jurisdiction," arbitrators have
been granted "enormous adjudicative powers" to render decisions in these cases (Marcellino, 2004, p. 1). The arbitrators also have a great deal of latitude with regard to the admission
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