Three main methods of alternative dispute resolution are discussed: arbitration, mediation, and expert evaluation. Arbitration involves a final binding decision by an impartial person. Mediation uses a neutral party to facilitate discussion between disputing parties to find a mutual agreement. Expert evaluation uses an independent expert as a neutral fact-finder, especially for complex business disputes. ADR methods are increasingly used to resolve various types of disputes including sports contracts, unfair/misleading sales practices, and property/land disputes to reduce court backlogs and maintain relationships. However, more research is still needed to fully evaluate the impact of ADR programs.
2. Three Methods of Alternative Dispute Resolution Arbitration Mediation Expert Evaluation
3. Arbitration The American Arbitration Association defined arbitration as, “the submission of a dispute to one or more impartial persons for a final and binding decision, known as an award.”
4. Mediation The FindLaw website defines mediation as a, “nonbinding intervention between parties esp. in a labor dispute to promote resolution of a grievance, reconciliation, settlement, or compromise.” The mediator acts as an explorer of the issues, needs and settlement options.
5. Expert Evaluation The textbook titled, The Legal Environment of Business, A Managerial Approach: Theory to Practice states that expert evaluationis the“method of alternative dispute resolution where an independent expert acts as the neutral fact-finder; particularly useful for parties involved in a business dispute where the issues are somewhat complex and related to the intricacies of a certain industry or profession.”
6. How does arbitration relate to sports contracts? Player’s associations and a club owner’s group usually develop a clause called a Collective Bargaining Agreement in their contract. This usually states the factors involved for salaries arbitration and injury and non-injury grievances.
7. How does mediation relate to sports contracts? An important factor of mediation is that the actual resolution of the argument does not fall in the hands of the mediator but in the hands of the disputants. An independent government agency, The Federal Mediation and Conciliation Service describes its service as it "provides free mediation services in contract negotiation disputes between employers and their unionized employees. All the parties have to do is make a request."
8. How does expert evaluation relate to sports contracts? There are many websites that will help individuals find an expert evaluator. One example of this method is used in the Ventura vs. Sports Titan case. The plaintiff hired a talent agent, Barry Bloom to help him win his case against the defendant.
13. Alternative Dispute Resolutions: Property and Land Disputes ADR has been useful in easing the backlog of court cases, maintaining relations between community members, and managing the expansion of communitiesin regards to property and land use disputes.
14. Alternative Dispute Resolutions: Property and Land Disputes ADR is a technique that is being pursued in Ghana to help alleviate the land cases that have been slowing down the judicial system. Goal is to clear 734 backlogged court cases by 2013 The program trained 40 Judges, 55 Staff and 30 Mediators
15. Alternative Dispute Resolutions: Property and Land Disputes ADR has also been useful maintaining relationships between local governments in regards to land use and management.
16. Alternative Dispute Resolutions: Property and Land Disputes Colorado General Assembly created the Office of Smart Growth to aid local governments in resolving disputes without going to litigation Utah has developed a 6-step program with the core value that all property owners are treated with respect and that parties are equal. Vermont established the Environmental Division of the Vermont Supreme Court in 1990 and between 2005 and 2009 had a nearly 60% success rate of cases sent to ADR
17. ADR is increasingly becoming part of legislation and becoming more popularized But more research is needed to evaluate the exact impact of the increasing amount of programs and the impact of ADR on reducing the burden on courts
18. Here is a video explaining alternative dispute resolution: http://youtu.be/H8U7rM0RNPU