Alternative Dispute Resolution Research Paper Examples

Alternative dispute resolution system is the system that works outside the courts and believed to be a method by which conflicting parties can come to a peaceful resolution of the problems they experience. The experience of the Member States of the European Union and also experience of the United States of America shows that under certain basic rules, alternative dispute resolution systems have a number of advantages for the parties that have a conflict of interests. The main advantages of such system are lower cost of this procedure in comparison with the procedure that will take place in court, and shorter period of time, that is required to resolve disputes. (Bevan 1992)
The parties of the alternative dispute settlement may be physical persons, communities, groups, organizations, enterprises and states. Since alternative dispute resolution is not necessarily associated with any country, it is an easy way to settle any disputes between the parties that are form different countries and even different legal jurisdictions. Alternative dispute resolution is also a great strategy in the event of dispute settlement between state and minorities or between state and native population.(Anderson n.d.)
Alternative dispute resolution is a procedure which includes the presence of a neutral third party, which is an arbitrator, mediator or conciliator. In many states, dispute resolution procedures outside the courts are alternative ways of litigation. Alternative dispute resolution also may be additional, advanced, or even parallel to the court proceedings, according to the parties will.
Basic systems of the alternative dispute resolution method are applied in the most developed countries all over the world. This systems are: mediation, arbitration and reconciliation. Through mediation and conciliation parties try to reach a settlement by peaceful means of legal conflicts with the help of a third party. The task of the mediator is to assist the parties to reach a mutually acceptable solution. The mediator does not impose a specific solution, but takes care that the parties reached a compromise on their own. In the conciliation proceedings, the third party may offer a solution that is not binding on the parties. When the parties choose mediation and conciliation, the parties are not limited by law or the rules of procedures. Thus, the resolution of the dispute is not necessarily to happen under the provisions of a specific law, but may refer on generally accepted principles of morality, loyalty and justice. Arbitration is also a method of resolving disputes outside the courts, arbitration is a method that is very close to the litigation. Arbitration is a procedure in which the parties select one or more individuals, the parties represent an incident for their binding decision. Arbitration can be an individual or institutional. In some models of arbitration for the execution of the decision the parties must perform the required procedures in a court.(Hartley 2002)
We should also note that the notion of alternative dispute resolution can be represented in the broadest possible semantic meaning, as the right to choose any method of dispute resolution or settlement of the conflict, which is not prohibited by law, based on the specific situation. Of course, this is a very broad interpretation of the concept version of alternative dispute resolution. It implies the inclusion of both state and non-state (private) methods of dispute settlement and conflict resolution. Such an approach is innovative for the domestic procedural science, its interpretation is possible in the future with the development of theoretical concepts and doctrine in alternative dispute resolution system.

References

Bevan, A. (1992). Alternative dispute resolution. London: Sweet & Maxwell.
Hartley, R. (2002). Alternative dispute resolution in civil justice systems. New York: LFB Scholarly Pub.
Anderson, J. (n.d.). Alternative Dispute resolution for Disputes related to intellectual property and traditional knowledge, traditional cultural expressions and genetic resources. Retrieved January 19, 2015, from http://www.wipo.int/export/sites/www/tk/en/resources/pdf/tk_brief8.pdf