ADR Processes Essay Example | Topics and Well Written Essays - 750 words

ADR Processes - Essay Example rstly, alternative dispute resolution (ADR) is said to be â€Å"the techniques or procedures for resolving disputes short of trial in the public† (Grossman, et al. 2009, p.1). There has been an growing interest in ADR mainly because it was said to be less costly, faster, less threatening, more receptive to the concerns of disputants, and â€Å"more responsive to the underlying problems† (Grenig & Davies, Alternative Dispute Resolution  § 1:1). Arbitration and mediation are just among the methods of alternative dispute resolution (Grossman, et al. 2009, p.1). However, there is still a need to evaluate if indeed resort to alternative dispute resolution methods is appropriate in a particular case. As commented by Gail M. Valentine-Rutledge, these methods are not always the cure for every dispute or case that is presented (Valentine-Rutledge, 57 Am. Jur. Trials 555 (Originally published in 1995). She adds that there are cases where litigation is better suited, which may either be due to â€Å"the facts of the case, the personality or desires of the client or the personality of opposing counsel† (57 Am. Jur. Trials 555 (Originally published in 1995). Thus, to ascertain as to whether mediation will be beneficial in a specific situation, would now depend upon the factors of each specific case (Valentine-Rutledge, 1995). Mediation or arbitration as a mode of resolving disputes, may not always be successful, hence, it is important to determine if those cases subject for mediation or arbitration have â€Å"the highest likelihood of fair and reasonable settlement† through such a process (Valentine-Rutledge, 1995). The decision on whether mediation should be chosen as a mode of dispute resolution, should be on a â€Å"case-by-case basis† bearing in mind all the important factors (Valentine-Rutledge, 1995).Thus, it is important to take into consideration â€Å"the nature of a particular case and the underlying dispute† to determine if such case is appropriate for mediation