The Many Forms of Alternate Dispute Resolution Litigation is expensive and time-consuming, and no one can truly predict the outcome of a jury trial. That's why people and companies are turning more frequently to alternate dispute resolution (ADR) to avoid costly court trials yet still resolve their differences. ADR actually encompasses over a dozen different methods of dispute resolution, but most paralegal ADR training will prepare you in one or more of the following methods of dispute-resolution:  1. Arbitration is one of the oldest forms of ADR. Arbitration is a formal hearing before a neutral third party, called an arbitrator. An arbitrator or an arbitration panel serves as a de facto "judge" to render a decision based on the merits of a dispute. Arbitration decisions can be either binding or non-binding depending on the type of arbitration the parties have selected. This form of ADR has a lower standard of evidence than a formal trial, which consequently makes it a more flexible process. 2. Mediation is a form of ADR that involves a neutral mediator who helps two opposing parties negotiate an agreement. The mediator helps the parties understand the issues more objectively and find a mutually acceptable solution to their problems. During mediation, the opposing parties meet with the mediator both privately and together. Meeting separately with the mediator allows each party to express their emotions and point of view. These private sessions help avoid additional conflict. Mediators don't have any decision-making authority and cannot impose resolutions on the parties; rather, the parties must come to an agreement and arrive at the decisions themselves. The mediator keeps the parties involved in the mediation process to help them resolve their conflict. 3. Mediated Arbitration (Med-Arb) is a combination of mediation and arbitration. Initially, a neutral third party mediates a dispute until the parties reach an impasse. Then an overseer issues an arbitration decision on the cause of the impasse or other unresolved issues. The disputing parties agree in advance whether the same person—or a different one—will conduct both the mediation and arbitration processes. Using the same person for both processes can be problematic when the mediator-turned-arbitrator must ignore previously acquired confidential information. But is the appropriate ADR training will give you the skills to do this, should you decide to practice this type of ADR. 4. Conciliation is a process in which a "conciliator" restores damaged relationships between disputing parties by bringing the parties together, clarifying perceptions, and pointing out misperceptions. The conciliator may or may not be totally neutral to the interests of the parties. Successful conciliation reduces inflammatory rhetoric and tension, opens channels of communication and facilitates further negotiation. Frequently, conciliation restores the parties to a pre-dispute status quo, after which other ADR techniques can be applied. 5. Facilitation improves the flow of information within a group or between disputing parties. A neutral party, called a "facilitator," provides procedural direction to enable the group to move through negotiations and toward an agreement. The facilitator's focus is on the procedures of conflict resolution, compared to a mediator, who is more likely to be involved with substantive issues. Consequently, it is common for a mediator to become a facilitator, but not vice versa. 6. Hybrid ADR is the creative adaptation of ADR techniques for dispute resolution. You can choose to apply ADR methods in any order as long as the disputing parties are moving in good faith toward the resolution of their disagreement. Your ADR training and work experience will help you decide which dispute-resolution method or methods will work best in each case. ADR Training for Paralegals: Enhance Your Résumé Many lawyers—and paralegals—get ADR training in addition to their other legal training. If you're thinking of becoming a paralegal, getting ADR training can give you greater career flexibility. Many paralegals take an overview class in alternate dispute resolution during their paralegal studies. If this field interests you, make sure to verify that your school offers a course in alternate dispute resolution. But to actually work in alternate dispute resolution, you'll need to seek out specialty ADR training—and increase your credentials—once you get out of paralegal school. The techniques you'll learn can help adverse parties see past their personal interests and find mutually beneficial outcomes to their disputes. When ADR is successful, everyone wins.  Related Article: Source: dscc.dla.mil/ Criminal Justice Home
Paralegal Articles & Resources | Find Criminal Justice Schools |
