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Dispute Resolution Processes

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Law and Society

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Angela Cantu

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According to the American Bar Association http://www.abanet.org/dispute,

"Dispute resolution is a term that refers to a number of processes that can be used to

resolve a conflict, dispute or claim." Alternative dispute resolution may also be referred

to as ADR for short. Someone wanting immediate gratification in a dispute without

going through the whole court process may opt to have a dispute resolution. Dispute

resolution can save an individual time and money and have a far better outcome rather

than going to court. The two dispute resolutions that I have chosen to talk about today

are the Ombuds Process and the Mediation Process.

The Ombuds Process consists of a neutral third party called the "Ombudsman".

Ombudsmen are advocates usually brought in by universities, hospitals, prison

systems, nursing facilities, government facilities and many other types of organizations.

Ombudsmen investigate complaints and make recommendations but do not have

binding authority. Every state has ombudsmen at the local and state levels. The

United States Congressmen are also informally referred to as ombudsmen of the

people.

Some benefits of an ombudsman are that they are usually at no cost to the

people but are paid for by the organization in which initially hired them. They gather

information and investigate issues brought to them and many are extremely

knowledgeable about the organization you have a complaint with. They are impartial

and very persuading and have the authority to investigate and criticize all agency

officials.

The downfall of going through an ombudsman for your dispute resolution is

although they are persuading they are not binding and cannot interpret the law. So if
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your dispute cannot be solved by the ombudsman then you must then take your

complaints to a higher level which could end up costing you money. Many ombudsmen

cannot change a policy of an organization but can only suggest it be changed. There

are some complaints that many ombudsmen will not handle and will instead refer the

individual to another party.

The Mediation Process is another form of ADR and is a good dispute resolution

process for many noncriminal complaints. Many individuals do not get the results that

want during negotiations so turn to mediation. Non contractual agreements, divorces

and employment disputes are just a few types of disputes that mediation can be used

for. In mediation a "mediator" is brought in and provides impartial feedback and non

legal advice and is working for the benefit of both conflicting parties.

Some of the benefits of mediation are that it is fast, low cost, fair, and many

obtain better results through mediation rather than going to court. Mediation is usually

not as formal and time consuming as going to court. Many people whom choose to

remain out of the public eye will choose mediation as it is much more confidential than

going through the public court system. Lawyers may still be present during mediation to

ensure the mediation process is in their client's best interest.

According to www.allbusiness.com some of the cons of mediation are that "Both

parties must agree to mediate and one or more of the parties may be unwilling to

cooperate or compromise." It is also a possibility that one may be stuck with an

inexperienced mediator. If this happens both parties may walk away from mediation but
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if they choose to continue their dispute it will need to be handled through the court or by

using an alternative dispute resolution process.

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Reference Page

(2006). American Bar Association. Section of Dispute Resolution. Retrieved from

http://www.abanet.org/dispute

(1999-2010). All Business a D&B Company. Alternative Dispute Resolution. Retrieved

from http://www.allbusiness.com/