Alternative Dispute Resolution Essay -- ADR Business Management Negoti

Alternative Dispute ResolutionConsider carefully the facts of the case topic and advise EagleAviation Ltd. and Aircraft Ltd. of the substitute(a)s to litigation inthe ordinary courts and the advantages and disadvantages of eachalternative row of ADR.This submission will identify and define each form of AlternativeDispute Resolution (ADR) including each of the forms advantages anddisadvantages. It will also compare and contrast each form of ADR andconsider which form or forms would be full to both EagleAviation Ltd and Aircraft LtdAlternative Dispute Resolution or ADR force out be defined as any method ofresolving a legal problem without resorting to the legal process(Darbyshire, 2001). ADR is now becoming more and more favorableparticularly within the court system as an alternative to traditionalforms of litigation (Practice Statement 1994 1 ALL ER 34, Cresswell,J) (Practice Note 1996 3 ALL ER 383 this is as litigation is aprocess that can be costly, time consuming and complicat ed, thereforeADR is an alternative which can be useful to all parties twisty.The leading forms of ADR are Arbitration, mediation, conciliation andnegotiation. ADR is not legally screening with the exception ofArbitration, withal in Mediation when a solution has been reached andagreed by each party once it has been written and signed by theparties involved it does then become a legally binding document. ADRwill tho be successful if both parties involved are in conformity withthe core this of course can become increasingly difficult if theparties refuse to speak to each other, In these cases litigation maybe the only viable solution, however ADR is ideal where it isimportant that each party maintains an unblemished relationship withthe other party involved this is especially important within thebusiness community.Arbitration is sensation of the oldest forms of Alternative DisputeResolution (ADR) it is governed by the 1996 Arbitration Act (AA) andis part of the Advisory, Concili ation and Arbitration Service (ACAS). The Act states in Section One that the quarry of Arbitration is toobtain the fair resolution of disputes by an impartial tribunalwithout necessary delay or expense (Slapper and Kelly, 2003)Arbitration can only transpire if both parties involved agree to it,it is the only form of ADR t... ...ional decision withoutthe situation getting out of hand. Each party will in turn be able tostate what they feel is the nature of the dispute before negotiating asuitable outcome. Negotiation is slightly different to Conciliationand Mediation as the mortal negotiating acts on your behalf andrepresents and looks after your interests, a successful negotiatorwill be able to reach a conclusion where they are able to achieve approximatelyof their parties wishes but without causing the other party to feelthey have lost and therefore detach themselves from the rest of thenegotiation process and then choose to espouse a litigation option.Conciliation can be seen as a form of Mediation in fact some peoplesay that the only difference between them is that Conciliators havemore power than Mediators as they can suggest grounds for compromiseand the possible basis for a conclusive agreement (Slapper and Kelly,2001). Conciliation like Arbitration is part of ACAS and likeMediation tries to allow parties to decide an outcome between themthat suits them both, however it does not always guarantee that adispute will be settled and will not proceed to litigation anyway.