Which Of The Following Ways Of Settling A Dispute Is A Binding Agreement

The Rent-a-Judge program is a new variant of arbitration in which the disputing parties choose a retired judge to hear their case similar to an arbitrator. Retired judges are also sometimes used in traditional arbitration, but the Rent-a-Judge program uses normal court procedures (sometimes modified by contestants). In addition, the judge`s decision by law has the legal status of a real court decision. The experiment has had significant success and acceptance in the jurisdictions where it has been approved, particularly in California, but it is too early to say how widespread it will become. Since there is no need to wait for a hearing date or conduct proceedings in public, the program saves a lot of time and privacy. However, some observers are worried about taking a path that could lead to an officially sanctioned class of justice available only to those who can pay for it. Definition: Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Definition: Negotiations are the most basic way to settle disputes. It is a back and forth between the parties to the conflict in order to find a solution. A company`s lawyers must also engage in alternative dispute resolution. At the very least, lawyers must be willing and able to set aside their disposition against ADR if the client wants to use it, but a real commitment is preferable. It is clearly in a company`s interest to seek the advice of an open-minded external and in-house lawyer when developing an ADR policy or reviewing the use of ADR in individual litigation.

For companies with frequent disputes, it may be a good idea to have an ADR expert in the Attorney General`s office. This person can educate company staff and possibly external lawyers about ADR, formulate adri policies for companies, draft and supervise ADR provisions in company contracts, monitor and coordinate the ADR process in some cases, and even serve as devil`s advocate in reviewing the strength of the proposed litigation. As we will see, some ADR mechanisms work better than others in all cases. But they both have characteristics in common: they are all attempts to save legal and management time and money, and they are all trying to reap at least some of the benefit of the opposite attitude. The theory behind ADR is that painless dispute resolution requires good communication, good communication requires a certain level of trust, and the opposing dispute resolution system fosters mistrust, prejudice, and hostility. Building trust is at the heart of the design of many ADR techniques. .