What is alternative dispute resolution? Discuss the various devices that can be used

Answer 1

Alternative dispute resolution refers to the various nonjudicial methods of dealing with disputes that have developed. These include consensual arbitration, compulsory arbitration, conciliation, mediation, mini-trials, summary jury trials, and negotiation. Arbitration is binding, controlled by the parties, affords privacy, allows for a decision by an individual with special expertise in the area of dispute, and gives a relatively speedy resolution of the dispute. Its disadvantages are that there are no public norms for decisions, no precedent and no guarantee of uniformity of decisions. The advantages of mediation and conciliation are that they preserve relations, are controlled by the parties, afford privacy, and are flexible. Their disadvantages are that they are not binding, lack finality, cannot be compelled, and have no binding precedents so that decisions are not uniform. Mini-trials are structured settlement processes that combine elements of negotiation, mediation, and trials. A summary jury trial is a mock trial in which the parties present their case to an advisory jury. The verdict is not binding, but does influence the negotiations in which the parties must participate following the mock trial. Negotiation is a consensual bargaining process in which the parties attempt to reach an agreement. No third parties are involved.