Review 1 Section 3

Question 1

Purposes of ADR

Answer 1

ADR methods are inexpensive, are relatively quick, and give parties more control over process.

Question 2

Relevant questions to consider re ADR

Answer 2

How concerned am I about keeping costs low?
How quickly do I want to resolve the dispute?
Do I want to keep the dispute private?
Do I want to protect the relationship between the disputing parties?
Am I concerned about vindication?
Do I want to set a precedent with the resolution of my disputes?

Question 3

Mediation

Answer 3

Utilizes the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

Question 4

Negotiation

Answer 4

Informal settlement talks, sometimes without attorneys, where differences are discussed with the goal of “meeting of the minds” in resolving the case.

Question 5

Arbitration

Answer 5

Utilizes an arbitrator (a neutral third party or a panel of experts) who hears a dispute and imposes a resolution on the parties. The arbitrator’s decision is called an award and is usually the final word on the matter.