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Essay / Research Paper Abstract
This 6 page paper discusses some of the concepts of alternative dispute resolution. Bibliography lists 4 sources.
Page Count:
6 pages (~225 words per page)
File: D0_HVADROvr.rtf
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Unformatted sample text from the term paper:
This paper gives an overview of ADR. Discussion Researching the topic has revealed that there doesnt appear to be one "version" of ADR; the methods used depend on the state
and jurisdiction of the dispute. When we look for the five types of ADR, the IRS says they are fast track mediation, fast track settlement, mediation, early referral and arbitration
(Appeals). But a professor of law named Martin Frey says they are "negotiation, ombuds, mediation, arbitration, private judging" (Frey). All sources agree that arbitration and mediation are the two most
frequently used forms of ADR. Arbitration is a "simplified version of a trial involving no discover and simplified rules of evidence" (Astarita, 2006). There are several ways to select
arbiters; either both sides agree on the same arbiter, or each side selects the arbiter they prefer and the two then work together to choose a third person, thus making
up a panel (Astarita, 2006). Unlike trials which can drag on for months, arbitration hearings "usually last only a few hours and the opinions are not public record" (Astarita, 2006).
We often hear of arbitration hearings in connection with labor disputes or construction cases (Astarita, 2006). Title 9 of the U.S. Code "establishes Federal law supporting arbitration" (Astarita, 2006). Title
9 is based on "Congresss plenary power over interstate commerce," and where it applies "its terms prevail over state law" (Astarita, 2006). However, thirty-five states have now "adopted the Uniform
Arbitration Act as state law" (Astarita, 2006). This means that the arbiters decision and the arbitration agreement may both "be enforceable under state and federal law" (Astarita, 2006). Mediation is
"an even less formal alternative to litigation" (Astarita, 2006). Mediators are "individuals trained in negotiations who bring opposing parties together and attempt to work out a settlement ... that both
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