Sample Law Essay Paper on ADR Types and Benefits

Most of the employment contracts have Arbitration Clauses that waiver the right of an employee to sue their employers in court but rather settle disputes through arbitration. It is falls under alternative dispute resolution method that is a traditional way of settlement that is cost-conscious and fast as compared to the legal judicial system. Given the circumstances of cases, whether an employee has been fired for no reason or has been discriminated in the place of work, settling complaints arbitrarily involves a third neutral party (Carlifornia 3). The arbitrator in most instances is a qualified individual either a retired judge or attorney who is hired to get views of both parties and come up with a decision. The verdict is binding to both employer and employee given that the employment contract signed before work contained employment arbitration clause.

The most common form of dispute resolution is litigation, where the aggrieved parties face the judge and jury. It is a long process and both parties spend a lot of time and money before a final decision is attained. Alternative dispute resolution has helped relieve the overcrowded court cases, many of which are minor issues (Carlifornia 12). More importantly, adoption of ADR in conflict resolution has boosted confidence in the judicial system in upholding the rule of law.

Mediation and arbitration are both types of alternative dispute resolution methods, although each has its own specifications. In reference to mediation, a mediator works as go between to help parties communicate, but does not have authority for final verdict. Additionally, there must be willingness for both parties to sit and discuss but the talks are controlled by the mediator. A case in which mediation is appropriate is when business partners have a dispute but want to preserve the current relationship (Carlifornia 4). A mediation process helps the parties communicate and resolve the matter themselves in an effective manner. On the other hand, arbitration uses a neutral party to listen to both parties and determine the outcome of the situation. Cases that are appropriate for arbitration are those that want to skip the formalities and expenses incurred in trial (Carlifornia 8). Furthermore, arbitration cases can either be binding or nonbinding, determining whether a party is liable to appeal the decisions of an arbitrator.

Work Cited

Carlifornia, The Judicial Branch of. ADR Types & Benefits. 2018. 06 05 2018 http://www.courts.ca.gov/3074.htm