Provide a complete explanation of mediation, compare it to negotiation as a method of dispute resolution, and describe the role of the mediator

Alternative Dispute Resolution Techniques

The complexity, expense, and time involved in litigation often discourage parties from seeking remedies to which they are entitled. Alternative dispute resolution (ADR) processes are unconventional methods used to efficiently and effectively resolve disputes outside the traditional adversarial system.

Concept Review:

Go to your text and review the various forms of alternative dispute resolution (ADR).

Case:

Read the case below and answer the questions provided.

Report:

Craig and Eric were driving in separate cars on a Sunday afternoon. Craig was heading northbound and Eric was eastbound. While waiting at an intersection, both began actively sending text messages to third parties. Distracted by their mobile devices, Craig and Eric simultaneously drove through the intersection at Maple Avenue and Hickory Drive and collided. The accident caused significant damage to both cars, and minor injuries to both parties. Each believed they had right-of-way to enter the intersection and accused the other of causing the accident. Further, both claim to be able to produce evidence and witnesses supporting their individual claims of right-of-way. Unable to resolve their dispute, both parties retain legal counsel and file lawsuits against each other.

Before the judge would agree to schedule their cases for trial, he ordered the parties to submit their dispute to an alternative dispute resolution technique. Both Craig and Eric immediately began arguing about which method should be used. The judge intervened and gave them three choices from which to select: mediation, arbitration, and summary jury trial. Having provided these options, he ordered both Eric and Craig to leave the courtroom, select a technique, and begin the process immediately. Both Craig and Eric consulted with their legal counsel to understand the techniques. Their attorneys are, quite frankly, tired of dealing with both of them and have asked you to draft a brief explanation of each of the techniques.