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What are the alternative dispute methods, and which seems to work best in what types of...

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lilylee | Student, College Freshman | (Level 1) Salutatorian

Posted September 29, 2013 at 11:33 AM via web

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What are the alternative dispute methods, and which seems to work best in what types of situations?

Additional questions:

  • Do you think arbitration or negotiation should be mandatory before going to trial? 
  • How would that be enforced when the parties are already disagreeing with one another? 
  • How would you enforce it if you were to make a law to do it?

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Kay Morse | College Teacher | (Level 1) Senior Educator

Posted September 29, 2013 at 9:08 PM (Answer #1)

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Alternative dispute resolution methods are intended to engage an outside objective party in dispute resolution between interested parties. In the U.S., the four main types are "negotiation, mediation, collaborative law, and arbitration."

Negotiation: a voluntary method of resolution between interested parties in which no outside party is involved.

Mediation: a third party moderates, or mediates, the resolution discussions without having enforcement authority.

Collaborative Law: a litigation approach, attorneys negotiate settlement within strict contracted legal requirements.

Arbitration: while the option to arbitrate is voluntary, the arbitrator has the authority to enforce a resolution settlement.

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