ADR describes any procedure or device other than the traditional judicial process used for resolving disputes. ADR is normally a less expensive and quicker process than formal litigation. In some cases, ADR also provides the advantage of privacy. ADR procedures can help the company maintain a cordial relationship with the opposing party, dispose of issues relatively quickly, and allow for flexible and alternative solutions to business conflicts.
There are three basic types of ADR: negotiation, mediation, and arbitration.
Describe each type of ADR and answer the following questions:
- What is the process for each type of ADR, and how can a corporate manager prepare for it?
- What are the advantages and disadvantages of each type of ADR?
- Discuss each type of ADR in the context of the enforceability of the decisions made.