Essays on Alternative Dispute Resolution

Introduction

Alternative dispute resolution is an approach to dealing with cases in the American Justice System. It involves the use of arbitration rather than litigation. Litigation is adversarial but alternative dispute resolution seeks a consensual approach to resolving things. This paper will critically analyze dispute resolution in the American legal system in general and then in the context of two states – California and Virginia. There are several ADR techniques including binding arbitration, conciliation, cooperative problem-solving, facilitation and mediation. Federal issues are handled in federal courts. This include cases that cover different states or jurisdictions as well as bankruptcy cases, cases ...

[Class Title]

The Lawyer-Client Relationship The lawyer-client relationship should be based on trust and confidentiality. Under no circumstances should a client lie to his or her lawyer as well as under no circumstances should a lawyer incriminate his or her client for telling them the truth. A problem in trust and confidentiality will result to poor lawyer-client relationship, which could significantly impact the outcome of a case. Trust and confidentiality problems arise when the client withholds some information from his lawyer for fear that his lawyer will back out. There are clients, for instance, who are guilty of doing ...

The rule of law requires a fair access to justice for England and Wales as well as any other sovereign country with a governing constitution. The route towards delivering equitable access to justice to all citizens requires enrolment of all justice department stakeholders as well as other interested parties. For instance, each of the arms of the government has their own responsibilities that need execution to the best of their ability in order to ensure equal justice to all. In this case, each arm of the government is it the legislature, executive, or judiciary should not intimidate or influence ...

Federal Court Structure vs State of Georgia Court Structure

The Constitution of the United States of America is the highest legal authority in the country. Due to federalism in practice, both federal and state governments have a court system of their own. The structure of federal and state courts is different as states have the power to decide the type of structure they want to implement. The structure of federal courts consists of three levels; these are District courts or Trial courts, Circuit Courts and Supreme Court. The Circuit courts work as the primary level of appeal and the Supreme Court is the final level. In total, there ...

Abstract

The different forms of Alternative Dispute Resolution or ADR are interesting topics that were discussed in this class. There were five chapters that we consider the most interesting parts of the reading as they provide information that not only increase our awareness about dispute or conflict resolution, but they can serve as guidelines on how to come up with better ideas in providing solutions to various issues. The different chapters of the reading, such as chapters 1, 2, 3, 5, and 7 provided insights on cases, which these ADRs can be used. One may think that conflict resolution is ...

Abstract

Mini-Trial may not be totally the same as the other Alternative Dispute Resolution or ADR. It holds its own characteristics of providing resolution to the disputed issue. However, some of the processes involve in the mini-trial may resemble the methods in the mediation process. In the discussion of the article about the mini-trial’s process, one can be similar to how the mediation is being done. It was stated in the article that both disputants will have the opportunity to present their own version of the case, to which they are being presented to panel in order to come ...

Introduction

Court option is a technique in the court that is deduced by the commitment it has to provide a comprehensive lay out of quality services in the court of law that mostly concern the criminal justice system (King, 2000). Such services maintain the safety of the public by creating new and better opportunities for people and at the same time gives the court other better alternatives to serve the individuals in equality and justice. M/S Bremen v. Zapata Off-Shore Co. is a case in which the petitioner was seeking review of the court of a legal document concerning a ...

The legal principles of the United States were originally derived from the English and French legal systems, (Federal Judicial Center). Before that, those European systems were derived from Roman Law, (Federal Judicial Center). However, the system that we see in place in the United States today is derived from the United States Constitution, (Federal Judicial Center). The courts that comprise the federal and state systems are outlined in the Constitution. The Constitution essentially lays out the framework and limitations that the courts of the land can take. It is up to the Congress and the individual states to exercise ...

Robert and Denise are going through a very difficult time and it seems clear that intervention is needed. Of all the methods of ADR, facilitative mediation seems to be the most appropriate course of action. Through mediation, Robert and Denise will be helped to communicate effectively and slowly work through their various issues. Whether or not the couple reconcile their marriage, they are likely to have to remain in contact for the sake of their children. Therefore, they will need to find a way of communicating with each other in the long run, and mediation will be a valuable first step in ...

Introduction

The Social network movie depicts the establishment of Facebook, which is a social networking website and the lawsuits that followed due to its establishment. This paper critically analyses the lawsuits between Face book and the Winklevoss twins (Noughton 45). The paper provides an overview of the legal and ethical issues involved in the dispute between Facebook and the Winklevoss twins, the essay also reflects and discusses on the public policy favoring settlement agreements, and he various forms of ADR and their respective advantages and disadvantages in the context of the dispute between face book and the Winklevoss twins. In addition, ...