There are various occasions whereby issues are settled outside the courtroom. Alternative dispute resolution typically entail negotiation, mediation and arbitration. Alternative dispute resolution refers to the various techniques for resolving conflicts using a neutral third party, outside the courtroom. It is worth noting that alternative dispute resolution is strategically put into practice based in the enforcement negotiation. These strategies have proved useful in settling issues. In most cases, individuals choose the process because it is quicker and less expensive compared to formal litigation. The opposing parties under alternative dispute resolution tend to maintain the cordial relationship and give room for alternative solutions (Bagley, 2012). The basic types that are mostly used include negotiation, mediation, and arbitration. Each of the types has the specific process that enable the parties to come to an agreement. Just like any other process of solving disputes, these types have both advantages and disadvantages.
Negotiation is an ADR techniques that employs dialogue between two or many parties with the aim of resolving disputes. The aim of the negotiation is to reach an agreement and produce an agreement. Negotiation take place in non-profit organization, business legal proceedings, among nations, government branches, as well as personal situations (Atlas, Huber & Trachte-Huber, 2000). These mean that the negotiation is useful in various ways. In order to achieve desirable results the negotiation process must follow various procedures. Some of the stages of the negotiation process include preparation, discussion, clarification of goals, negotiation towards win-win scenario, agreement, as well as implementation of action.
Corporate manager must prepare for the negotiation process in various ways. One way is to state clearly what he wants and what he does not want. On the same note, know the needs of the counterpart. Other things to prepare about include knowing the alternatives and identifying possible concessions. These will ensure that the manager is well prepared to negotiate with other parties.
One of the advantages of negotiation is that it reduces the number of parties; hence, it leads to focused problem solving approach. Other advantages include inexpensive, flexible, confidential, maintains the value for money, and the most useful if there is no specific requirement (Bagley, 2012). On the other hand, the disadvantages of negotiation include does not produce legal precedent, lack of power balance check, limited bargaining authority, and the disclosure of information depends on the parties involved (Sourdin, 2004). The negotiations made outside the court can still be enforced. The parties need to understand the importance of negotiation and be aware of the consequences that come with it. Alternative dispute resolution procedures are recognized at the solutions agreed by the parties should be respected.
Mediation in law refers to an alternative dispute resolution that two or more parties use to solve the issue. The third party is imperative in the process since they assist the parties in coming to an agreement. The mediated issues range from various domains, which include family matters, workplace, community, legal, commercial ad diplomatic. The mediator is a neutral party who is trained to help in resolving disputes faced by various parties. As a corporate manager, there are various ways to prepare for mediation (Atlas, Huber & Trachte-Huber, 2000). One of the way to prepare is putting in place all the documents that could be required during the mediation process. In addition, put the emotions under control before the mediation process; these will develop a platform for negotiation not argument. Other issues include learning the rights and obligation, talking to a mediator, put all concerns on the table, as well as planning how to communicate. The advantages of mediation include; it is inexpensive, relatively simple, swift, allows parties to adjust to scope of conflict, provide room for flexible settlements and solutions, confidential, there is more time to devote the issues, as well as freedom to choose the mediator (Sourdin, 2004). The disadvantages of mediation includes, it is not a formal discovery process, lacks constitutional and procedural protection, does not set legal precedent, and the mediation process does not guarantee agreement. It is worth noting that the agreements arrived by the parties during mediations are taken seriously by both parties. None of the parties should break the agreement since everyone is given room to adjust and agree or disagree to the issues discussed.
Arbitration is another ADR techniques. It refers to a legal technique whereby the parties involved agree to be bound by the decisions made during the arbitration process. In this case, the third party undertakes the responsibility of reviewing the evidence and making the decisions that legally bind the involved parties (Bagley, 2012). The corporate manager needs to prepare adequately before the arbitration process. These is done through checking all the cases presented on the arbitration schedule. These will enable the manager to document crucial evidence. Drafting the list of issues and reexamining the evidence is also important during preparation.
Arbitration is advantageous because it is more flexible. These are because the parties are encouraged to be part of the negotiation process. Other advantages are that the process is less costly compared to litigation, speedier resolution, entails exclusionary rules, as well as avoiding hostility (Bagley, 2012). On the other hand, the disadvantages include uneven playing field, questionable objectivity, limited resources, lack of transparency, and the rising cost of arbitration. The enforceability of decisions during arbitration may seem tricky. These are because the final decision of the arbitrator is difficult to be overturned.
Atlas, N. F., Huber, S. K., & Trachte-Huber, E. W. (2000). Alternative dispute resolution. Chicago, Ill: Section of Litigation, ABA.
Sourdin, T. (2004). Alternative dispute resolution and the courts. Leichhardt, N.S.W: The Federation Pr.
Bagley, C. (2012). Managers and the Legal Environment. Strategies for the 21st Century. Mason, OH: South-Western Cengage Learning