Oklahoma Memorandum regarding Dispute Resolution Collections
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FAQ
There are currently three principal methods of Alternative Dispute Resolution, mediation, collaboration, and arbitration.
There is no guaranteed resolution. With the exception of arbitration, alternative dispute resolution processes do not always lead to a resolution. Arbitration decisions are final. Limits on Arbitration Awards. Discovery limitations. Fee for the Neutral. May have no choice. Non-binding arbitration. Warning.
Avoiding the Conflict. Avoiding or withdrawing from a conflict requires no courage or consideration for the other party. Giving In. Giving in or accommodating the other party requires a lot of cooperation and little courage. Standing your Ground. Compromising. Collaborating.
Negotiation, mediation and arbitration - often called ADR or alternative dispute resolution- are the most well-known.
So when family members, neighbors or business partners have a dispute, mediation may be the best ADR procedure to use. Mediation is also effective when emotions may get in the way of a solution. A mediator can help the parties communicate in a non-threatening and effective manner.
Mediation is very popular today. Indeed, it is probably the fastest-growing segment of the ADR world. Some experts estimate that 80 to 90 percent of all disputes submitted to mediation are resolved through the process.
Dispute resolution processes fall into two major types: Adjudicative processes, such as litigation or arbitration, in which a judge, jury or arbitrator determines the outcome. Consensual processes, such as collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach agreement.
The most common types of ADR for civil cases are mediation, settlement conferences, neutral evaluation, and arbitration. Read more about these ADR processes, when they may or may not be appropriate or watch a video demonstration.
The most common forms of ADR are arbitration, mediation, the rent-a-judge program, summary jury trial, and minitrial, although techniques can be combined to form hybrids suited to a particular dispute or legal jurisdiction.
