Alternative Dispute Resolution (ADR) is an option that is becoming more and more

popular which allows people to resolve their disputes out side of the court in a
comprehensive and cooperative way. ADR is an approach that is quick, less stressful, and
cheaper than going to court. ADR processes refer to a variety of action that can help
parties resolve their disputes. The ADR processes include mediation, arbitration, neutral
evaluation, and collaborative law (T & T, 1997).

In mediation, a neutral intermediary; like a referee “the mediator”, helps each party
reach a mutually agreed settlement of the dispute. If a settlement is agreed upon then it
will be recorded in a legally binding contract.

Similar to mediation in arbitration a neutral party is involved known as an “arbitrator,”

who will be assigned to hear the case. Arbitrators will usually be former judges or
experienced lawyers. In arbitration, a party does have the right to argue on their own
behalf or bring in legal counsel.

Neutral evaluation is a kind of “hybrid process” between a non-binding arbitration and

mediation.  The idea is that parties to a dispute voluntarily sit down with a neutral third
party and present their case to the neutral as they would do in arbitration.  When each
party has finished presenting their case a neutral person would explain to them what the
outcome would most likely be from an arbitrator or judge based on the evidence and
arguments presented by the parties.

Collaborative Law is one of the newest of “ADR” models in which both parties to the
dispute retain separate, specially-trained lawyers whose only job is to help them settle
the dispute. If the lawyers can not resolve the dispute then their job is done. They are
not allowed to represent the party in court of arbitration. The participants will agree to
work together respectfully, honestly, and in good faith to try to find a solution that
benefits everyone involved. ADR’s often create solutions, longer-lasting outcomes,
greater satisfaction, and improved relationships.

Jurisdiction

Jurisdiction is a legal term that refers to the ability of a certain court having the right to
hear a given case. Jurisdiction is important because it creates an organized way for cases
to be heard. If courts did not use appropriate jurisdiction, every court could
hypothetically hear every case brought to them, which would lead to confusing and
contradictory results (Cornell University).

Jurisdiction is better understood on a state level. Every state in the United States has its
own court system to hear cases arising from that state. If a citizen of Florida sued a
citizen of New York in involving a real estate purchase transaction that took place in
California. Because the parties live in Florida and New York the case could be tried in
either state. The ase could also be tried in California were the transaction took place. On
the contrary, a particular case of this type could not be brought in the state of Iowa,
because neither parties live there, and the state of Iowa has no attachment to the case
at all. The Iowa court would dismiss any claims in this example because it would not
have the appropriate jurisdiction.

Judicial Review

Judicial Review is done by the High Court. They review acts done by public authorities or
a court decision. The review is in respect to the procedural issues and in relation to
whether the decision was correct according to the law. The court must first consider if
the case is eligible for the review. This type of review is done against a public body and
a decision must constitute infringement of public law rights not private law rights. In
general terms judicial review may be appropriate where the challenge is based on an
allegation that the public body has taken an unlawful decision or action, and there is no
adequate alternative remedy (Findlaw.com).

Discovery

Discovery refers to a phase of litigation where the parties seek information from one
another. The information which may be requested “discovered” during the discovery
phase is very broad. The methods can include depositions, interrogatories, demands to
produce documents, requests for admission, and site inspections. In fact, courts allow
the request of information which is “reasonably calculated to lead to the discovery of
admissible evidence”(USlegal.com). A party to litigation may have to place much of their
past personal lives onto the public record.

Pleadings

A pleading is one of the papers filed with a court in a civil action. An example of this
would be a complaint, or an answer to the complaint. A complaint is the first pleading
filed by a plaintiff which begins a lawsuit. A complaint is the allegations for the cause of
action. The answer is a pleading that will admit or deny the specific allegations set forth
in a complaint by a defendant (United States Department of Justice).

References
Turan, S., & Taylor, C. (1997). Alternative Dispute Resolution (ADR): A Different
Framework for Conflict Resolution in Educational Settings. Retrieved from ERIC
database.

Cornell University (n.d.) Retrieved February 27, 2010, from

http://topics.law.cornell.edu/wex/Jurisdiction

FindLaw.com (n.d.) Retrieved February 28, 2010, from

http://caselaw.lp.findlaw.com/data/constitution/article03/13.html

USLegal.com (n.d.) Discovery Law & Legal Definition, Retrieved March 1, 2010, from
http://definitions.uslegal.com/d/discovery/

United States Department of justice (n.d.) Retrieved March 1, 2010, from

http://www.justice.gov/oarm/wb/faq.htm#pleading1