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  • Essay / Alternative Dispute Resolution - 1409

    Alternative Dispute ResolutionAlternative dispute resolution has many advantages in serving as a legal substitute for the resolution of civil disputes. Most courts prefer ADR procedures to litigation. In some countries, the option of ADR must be analyzed before attempting to initiate litigation. Most district courts as well as courts of appeal will supervise negotiations of an ADR. In some circumstances, ADRs do not settle well and in such cases, intervention by the courts will resolve remaining disputes. Alternative dispute resolution forms a large part of our legal system, which many citizens rely on to resolve their civil disputes. ADR has been a part of United States legal history since colonial times. Alternative dispute resolution, better known as ADR (ADR) in the legal field, was first used in the late 1800s. ADR was initially used, not to replace legal proceedings, but to function as a tool for resolving issues such as civil struggle between workers and management. ADR has various identifiable titles such as mediation, negotiation and settlement. Congress authorized the ADR process once it became aware of the existence of independent civil negotiations in states like New York and Massachusetts. Subsequently, official mediation agencies emerged. For example, the Board of Mediation and the National Mediation Board were two of the first ADRs to appear in the early 1900s (Delaware, 2008). Around the same time, in 1913, the Newlands Act was passed with the aim of protecting the interests of voluntary negotiations. In the American Bar Association in 1932, lawyers successfully convinced courts to submit eligible cases to the process of mediation and collective bargaining. The lawyers argued that out-of-court negotiations would save time and costs for both the courts and the parties. The courts accepted this idea and quickly followed. Later, during the civil rights movements of the 1960s and 1970s, Congress created CRS, also known as the Community Relations Service. Once the U.S. Department of Justice established this administrative service, civilians in schools, prisons, and other civil matters were able to reap the rewards of conciliation. The Superior Court of California, County of Santa Clara, Alternative Dispute Resolution/Civil Division Fact Sheet states: “ADR is the general term for a wide variety of dispute resolution processes alternative to litigation” (Santa Clara, 2002). The goal of ADR is to save time and money, reduce stress, and provide more control, flexibility, and participation in a legal matter..