Need an argumentative essay on ADR Research. Needs to be 3 pages. Please no plagiarism.Negotiation is widely used because it is the most direct technique used for solving disputes. In many instances,
Need an argumentative essay on ADR Research. Needs to be 3 pages. Please no plagiarism.
Negotiation is widely used because it is the most direct technique used for solving disputes. In many instances, it has been noted that parties and litigators apply themselves far much less in trying to solve disputes amicably as compared when they are negotiating agreements pertaining to the case. Negotiation as a process is voluntary where parties try to reach agreements that are mutually satisfying for both parties through unstructured and informal discussions. Skilled negotiators aim to resolve the conflict by trying to satisfy the interests of both parties without determining which party is wrong or right. According to Hocker et.,al, it is important that parties have control of the outcome during the negotiation process and that no party feels as if the result obtained has been imposed on them. Any party that feels dissatisfied with the process or outcome of the negotiation can decide to walk out at any time (Lewicki, Hiam & Olander, 1996). Negotiation is recommendable in cases where the parties wish to engage in future interactions. This is because negotiation as an ADR technique is viewed as being less confrontational than court mandated litigation.
It bears resemblance to a trial since parties present evidence, call witnesses and argue about the merits of their case to a decision maker who is neutral. Civil litigants whose claims are below certain prescribed dollar amounts are ordered by the court to attend arbitration in order to ease up the backlog of cases. However, courts may also allow litigants whose claims are above the prescribed dollar amounts to seek arbitration at their will.
Atlas notes that arbitration can either be binding or non -binding. Arbitration can either be binding or non- binding depends on whether the parties agree with the outcome of the process .If the parties agree it becomes binding but if one or both parties disagrees with the outcome, it becomes non-binding and