Asked by Hayden Molokach on Apr 23, 2024

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List and define the methods of alternative dispute resolution (ADR) discussed in the text. Are all methods of ADR voluntary? Discuss mandatory ADR.

Mandatory ADR

A required process where parties involved in a dispute must attempt to resolve their disagreement outside of court through alternative dispute resolution methods, such as mediation or arbitration.

Alternative Dispute Resolution

A range of processes and techniques for resolving disputes outside the traditional judicial process, including mediation and arbitration.

  • Explain the methods of alternative dispute resolution (ADR), including their voluntary or mandatory nature.
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Raghav Gupta7 days ago
Final Answer :
Alternative dispute resolution (ADR) methods include:
• Negotiation-This is a process in which parties attempt to settle their dispute voluntarily, with or without attorneys to represent them.
• Mediation-This is a method of settling disputes outside of court by using the services of a neutral third party, who acts as a communicating agent between the parties; this method is less formal than arbitration.
• Arbitration-This is a method of settling disputes in which a dispute is submitted to a disinterested third party (other than a court), who issues a decision that may or may not be legally binding.
• Binding mediation-This is a form of ADR in which a mediator attempts to facilitate agreement between the parties but then issues a legally binding decision if no agreement is reached.
• Mediation arbitration (med-arb)-This is a form of ADR in which an arbitrator first attempts to help the parties reach an agreement, just as a mediator would. If no agreement is reached, formal arbitration occurs, and the arbitrator issues a legally binding decision.
• Early neutral case evaluation-This is a form of ADR in which a neutral third party evaluates the strengths and weaknesses of the disputing parties' positions; the evaluator's opinion forms the basis for negotiating a settlement.
• Mini-trial-This is a private proceeding that assists disputing parties in determining whether to take their case to court. Each party's attorney briefly argues the party's case before these
parties and (usually) a neutral third party, who acts as an adviser. If the parties fail to reach an agreement, the adviser issues an opinion as to how a court would likely decide the issue.