Alternative dispute resolution is a process to addresses conflict between parties out of court. There are various processes through which ADR can be carried out. These processes come with their own features, advantages and disadvantages. The paper discusses the various alternatives which are available to the parties in a dispute when it comes to solution. The three primary kind of ADR which are available to the parties to the dispute are Arbitration, Mediation and Negotiation. ADR is opted by the parties in order to come to a quick and feasible decision as it is cost effective and quick to obtain as compared to traditional litigation methods (Meyerson 2015).
This is a form of dispute resolution where disputes are resolved outside courts. In this case one or more person has the responsibility of providing a solution in relation to the dispute. The person or a person who have such responsibility is known as the arbitrator. This type of ADR is put in place often in order to address commercial disputes. The Arbitrator decides the situation based on relevant evidence and provisions of law. In case of a binding arbitration the parties to the dispute are bound by the decision of the arbitrator. Arbitration is expensive as compared to other form of ADR as it involves high fees for arbitrator. However it provides a timely solution to the dispute (Hyman 2015).
This is another form of ADR which is put in place to resolve a conflict. It is a interactive, dynamic and structured process where assistance is provided by a their party to the disputing parties to resolve a conflict. In this case the mediator utilized specialized negotiation and communication techniques to address the dispute. In case of mediation all participants are motivated to actively have a say in the process. The process is quick and is cost effective as compared to Arbitration. However it may sometime not result in a solution as the parties to it may not agree to come to a mutual conclusion (Donaldson 2014).
Negotiation refers to a dialogue which takes place in relation to the parties to a dispute. This takes place so that a beneficial outcome may be attained by the parties in relation to a dispute in a mutual manner. However in this form of ADR the beneficial outcome may always not be in favor of all parties involved but to a few parties only. The outcome is also dependent upon the techniques of negotiation used by the parties to the dispute (Dye 2017).
Conclusion and ranking of ADR
From the above discussion it can be stated that all three kinds of ADR comes with their own advantages and disadvantages. However, I would rank Arbitration as the best form of ADR because it is not only cost effective but also provides decision and solution based on evidence and legal provisions. Although it is more time consuming and costly than the other ADR it provides a concrete decision. Then I would rank mediation because of the skill of mediator involved in the process and which is followed by Negotiation.
Donaldson, L., 2014. Alternative dispute resolution. ADR, Arbitration, and Mediation, p.91.
Dye, J.C., 2017. Alternative Dispute Resolution. The Catholic Lawyer, 33(1), p.12.
Hyman, J. (2015). Alternative Dispute Resolution.
Meyerson, A.L., 2015. Alternative Dispute Resolution. GPSolo, 32, p.6.