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

Question

What will be an ideal response?

Answer 1

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.•Summary jury trial (SJT)-This is a settlement method in which a trial is held but the jury's verdict is not binding. The verdict acts as a guide to both sides in reaching an agreement during mandatory negotiations that follow the trial. If a settlement is not reached, both sides have the right to a full trial later.Not all methods of ADR are voluntary. Today, over half of the states either require or encourage parties to undergo mediation or arbitration prior to trial. Generally, when a trial court refers a case for arbitration, the arbitrator's decision is not binding on the parties. If the parties do not agree with the arbitrator's decision, they can go forward with the lawsuit.The types of court-related ADR programs in use vary widely. In some states, such as Missouri,ADR is voluntary. In other states, such as Minnesota, parties are required to undertakeADR before they can have their cases heard in court. Some states, such as Minnesota, offer a menu of options. Other states, including Florida (which has a statewide, comprehensive mediation program), offer only one alternative. Several federal courts have instituted ADR programs as well.?