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Essay / Research Paper Abstract
This 34-page paper explores methods of alternative dispute resolution such as mediation and arbitration, and also touches on the "hybrids" mediation-arbitration and arbitration-mediation. Bibliography lists 27 sources.
Page Count:
34 pages (~225 words per page)
File: D0_HVADRR.rtf
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Unformatted sample text from the term paper:
disputes has been 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
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