ADR
Alternative dispute resolution (ADR)
This service / function includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.
ADR is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. (Sometimes a fifth type, conciliation, is included as well, but for present purposes it can be regarded as a form of mediation)
ADR traditions vary somewhat by country and culture. There are significant common elements which justify a main topic, and each country or region's difference.
Dividing lines in ADR processes are often provider driven rather than consumer driven. Educated consumers will often choose to use many different options depending on the needs and circumstances that they face.
Finally, it is important to realize that conflict resolution is one major goal of all the ADR processes. If a process leads to resolution, it is a dispute resolution process.
The salient features of each type are as follows:
1.In negotiation, is a dialogue intended to resolve disputes, to produce an agreement upon courses of action, to bargain for individual or collective advantage, or to craft outcomes to satisfy various interests. It is the primary method of alternative dispute resolution. Negotiation occurs in business, non-profit organizations, government branches, legal proceedings, among nations and in personal situations such as marriage, divorce, parenting, and everyday life. The study of the subject is called negotiation theory. Professional negotiators are often specialized, such as union negotiators, leverage buyout negotiators, peace negotiators, hostage negotiators, or may work under other titles, such as diplomats, legislators or brokers.
2.In mediation, a form of alternative dispute resolution (ADR) or "appropriate dispute resolution", is a way of resolving disputes between two parties. A third party member is involved in order to structure the meetings, and to help the parties come to a final decision based on the facts given through the discussions. Mediation is not legally binding so it does not have to be followed, although if one party does not, they can sometimes be taken to court by the disadvantaged member, depending on the mediation agreement.Mediation, in a broad sense, consists of a cognitive process of reconciling mutually interdependent, opposed terms as what one could loosely call "an interpretation" or "an understanding of." The German philosopher Hegel uses the term "dialectical unity" to designate such thought-processes. This article discusses the legal communications usage of the term.Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Normally, all parties must view the mediator as impartial. Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters. A third-party representative may contract and mediate between (say) unions and corporations. When a workers’ union goes on strike, a dispute takes place, and the corporation hires a third party to intervene in attempt to settle a contract or agreement between the union and the corporation.
Mediation is the only way assisted by one third, which promotes freedom of choice of protagonists in a conflict.
3.In collaborative law or collaborative divorce, each party has an advocate/attorney who facilitates the resolution process within specifically contracted terms. The parties reach agreement with support of the advocate/attorneys (who are trained in the process) and mutually-agreed experts. No one imposes a resolution on the parties. However, the process is a formalized process that is part of the litigation and court system. Rather than being an Alternative Resolution methodology it is a litigation variant that happens to rely on ADR like attitudes and processes.
4.In arbitration, participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution. Arbitrations often occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration.
DISCLAIMER:
ELS office will not be responsible for any ADR process conducted by any party out side ELS policies or privately.
Alternative dispute resolution (ADR)
As Non profit org. Express Law Services Since 2007 has developed a system and various programs to offer ADR service to its members and general public at NO Cost for selected disputes between parties and with some minimum cost for other disputes. All personal disputes are offered for ADR service at no cost. This service is without any obligation to the parties involved and requires consent of all parties to start the process.
ELS MAY ALSO INITIATE ADR PROCESS FOR ITS EXISTING CAQSE TO AVOID ANY EXPECTED CONFLICT BETWEEN CLIENTS AND ELS ORG.. THIS CLAUSE IS MENDATORY FOR ALL CASES AND IS CONSIDERED PART OF ELS RETAINER.
Interested parties are required to contact ADR department with in ELS via email ,
fax 1-866-292-5300 or telephone 1-416-619-7746 ext 707 to initiate this process.
Upon verifying the contents of matter ELS ADR administrator / officer will contact applicants with in 3 to 7 business days or as soon as possible. Please read following details about ADR and its definition and meanings for your quick reference.
ADR process is the most efficient,cost effective and comprehensive way to resolve any civil dispute between parties in a timely and respectable manner.
