disadvantages to alternative dispute resolution?
85184
R.D. Rajan in his book 'A Primer on ADR' has made a detailed analysis of the pros and cons of ADR. A summary of his discussion is excepted here:\n\nADR is criticised on the grounds that (i) ADR may not be suitable for every dispute; (ii) Parties have to sacrifice court protections in the form of court judgment and review in case the decision that emanate from ADR is binding; (iii) There generally is less opportunity to find out about the other side’s case with ADR than with litigation; (iv) If a dispute is not resolved through ADR, the parties may have to put time and money into both ADR and a lawsuit; (v) While the parties pursue the dispute in an ADR process, chances are that they may lose legal remedies; (vi) Powers of neutrals in ADR need to be kept under check for unbridled power may lead to anomalous or unanticipated results; (vii) ADR is not cost-effective in low-value cases; (viii) The possibility of bias, or a conflict of interest or at least the appearance of impropriety, may arise if a neutral  in ADR gets a good deal of repeat business from the same institution; (ix) neutrals lack coercive power in that they cannot compel the losing parties to abide by their decisions; (x)  many ADR systems (e.g. tribunal system) have the trappings of the court; (xi) an aggrieved party cannot have recourse to ADR unilaterally unless agreed to by the other party also for the recourse; (xii) ADR does not provide any incentive for the disputants to accept the settlement/award. To that extent it loses its effectiveness; (xiii) informality of ADR is misunderstood; (xiv) women are sceptical about ADR’s efficacy in family disputes; and (xv) ADR is unsuitable when there is unequal negotiating power between the parties.
624017
if cost is an issue, it will always be cheaper to go to a mediator.  also he/she should call the local courthouse where they are going to file.  there will be a family law facilitator who can assist him/her with questions and in filling out the paper work.  they wont appear in court for you, but will walk you throuh the process step by step.  and its FREE!
1187279
I'm sorry to hear about your marital difficulties.\n\nI'm a divorce mediator and an attorney.  I will tell you what I would tell prospective clients:  \n\nPlease do not think of mediation as a substitute for legal advice.  It is not.  You have questions right now about the legal consequences of moving out of your house and leaving your children with your husband.  A mediator cannot answer that.  \n\nOnly an attorney admitted to practice in your state can provide you with the independent legal advice you need in order to make fully informed decisions about the issues your question raises.    \n\nYes, mediation can be a helpful way for people going through separation or divorce to sit down together and have a productive conversation about the decisions they will need to make.  These can include things like creating a workable parenting plan for the children and to make decisions about issues like the division of property or planning and paying for college.  \n\nMediation works best when both spouses are clear about what they want, whether it's divorce or separation.  Contentious, highly complex cases are probably not suitable for mediation.  \n\nWithout knowing more about your situation, it's impossible to say whether mediation is appropriate or not.  Only you can answer that.  Discuss your case with an attorney to help you decide that.  Also contact family mediators and talk with them.  Most mediators take care to rigorously screen cases before accepting them. \n\nEven if you eventually do use mediation to help you and your husband work out an agreement together, you should each still consult with your own separate attorney before signing any agreement reached through mediation.  Mediators themselves, even if they are attorneys, cannot provide you with legal advice.  \n\nAgain, mediation is no substitute for legal advice.  And this web site is not the place to get the professional advice you need.  Most respondents are lay people who are not in the best position to answer an important question like this.  You wouldn't ask for help diagnosing a medical condition through a forum like this.  Please look for your answers from trained professionals who are qualified to help you.  \n\nBest of luck to you and your two sons.  I hope you're finding ways to get the support that you and they need during this difficult transition.
689009
I'm not a lawyer. But, I definitely believe that you can approach the consumer grievance redressal forum.\n\nSee http://ncdrc.nic.in/ and http://www.consumercourt.netfirms.com/ to know the procedure.
731562
Try:\n\nNational Conflict Resolution Center\nhttp://www.ncrconline.com/\n\nAssociation for Conflict Resolution\nhttp://www.acrnet.org/\n\nModel Standards of Practice for Family and Divorce Mediation\nhttp://www.afccnet.org/pdfs/modelstandards.pdf
366941
Basically a judge decides these things but it can be a contested divorce which means nothing goes until all parties agree. I'd suggest negotiating more...
541030
Make it known to those who are forcing you that you disagree with this solution.  Do so TACTFULLY and make sure to back up your argument with facts and figures.  I would present this protest in written form.  If this doesn't work and your forced to continue, at least you have a written document of your protest and your reasons why.  This may help you from being the "fall guy", at least minimize your culpability if the "client" takes some sort of legal action.  Also, if there are any co-workers who agree with you, try to get them to "sign on" with you.  Good Luck!
762045
They both have their good and bad points.  I would say the vendor relationship would be easier to terminate should the arrangement prove unsatisfactory.
1050259
Badly phrased question. A seperation agreement can be contested, but a legally binding one cannot be successfully contested. \n\nUnfortunately the only sure way to find out if it's legally binding is to contest it.\n\nIf you are thinking of doing this, you need real legal advice from a member of your local bar association, not yahoo! Answers...
106705
http://216.109.125.130/search/cache?p=dealing+with+conflict+in+the+workplace&ei=UTF-8&x=wrt&u=www.customerservicegroup.com/ss050104.pdf&w=dealing+conflict+workplace&d=K-c1R21aMOa4&icp=1&.intl=us\n\n\nhttp://www.psc-cfp.gc.ca/recours/investigations/justice_eng.html\n\nI think this one is more what you're looking for though:\n\nhttp://www.usip.edu/affirmativeaction/resolvingworkplaceconflicts.shtml
726908
Personally, I'd just forget about it as far as this client is concerned. (I'm not a lawyer by the way).  There are small claims court systems in most parts of the country, which sounds like a practical approach to your situation, if you feel you want to persue the matter. These systems are specifically tailored for people who have a relatively minor disagreement and need a third party to decide who is right (damaged), and makes a judgement one way or the other.. Costs vary and here anyway, attorneys are not needed.\n\nA business person to a business person, I might encourage you to rethink your admission policy so that your new clients pay you a two week deposit so that you could avoid this situation in the future.  Good Luck
339079
I'll leave the benefits to everyone else.  \n\nMy problem with the drawbacks is the fact that depending on where you live, you are more likely to get a jury of your ignorant, white trash neighbors than a jury of your peers.  In my state, every jury I have seen sleeps through most of the trial, and I am sure has NO IDEA what the lawyer is talking about.  And regardless of the questionaires, etc., I refuse to believe that juries (again, atleast in my state) put their own prejudices and feeling aside when deciding on the case.\n\nDid I mention I live in the deep south?  I love where I live, but intelligence is few and far between, esp when it comes to jurors.
153429
Penalties for sure. Normally they are all mentioned in the purchasing contract. Losing clients trust and our credibility in business. In turn it can decreasing our income finally.
718002
Change attorneys???\n\nBut it took me 9 years after my injury to ever recieve any money i a contested case.\n\nI lost my house, could not get all the needed medical care and ended up going bankrupt.
215450
Is this what you are looking for?\n\nThe Arbitration Convention may be used as an alternative procedure to the mutual agreement procedure under the UK's Double Taxation Agreements in certain cases of double taxation arising from transfer pricing adjustments. The Tax Bulletin article "The Mutual Agreement Procedure in UK Double Taxation Conventions" (Issue 25 October 1996) indicated that further guidance would be provided, and this article provides that guidance. Although the article necessarily expresses the UK's interpretation of the Arbitration Convention, the Inland Revenue has discussed the implementation of the Arbitration Convention with other contracting states and believes that the interpretations expressed are shared by other states. The Inland Revenue expects that such discussion will continue in the light of greater practical experience in implementing the Arbitration Convention.\n\nThe UK, along with the other member states of the European Union, is a signatory to the Arbitration Convention ("Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises" 90/463/EEC) -- referred to in the rest of this article as "the Convention". The Convention came into force on 1 January 1995 for an initial period of five years. (The process of extending the provision of the Convention to the new member states -- Austria, Finland, and Sweden -- is currently under way but ratification is not yet complete).\n\nMore on this website: http://www.hmrc.gov.uk/bulletins/tb31.htm
1175411
A court will have to decide the issue if the parties refuse to settle the issue between themselves.\n\nGenerally, in order to prevail, a complainant has to prove the respondent was negligent.\n\nIt would seem to me that the parties should discuss the issue with each other, and if they cannot agree, engage a disinterested third party and present their cases to hiim/her. He/she will probably provide the same answer as a court.\n\nIt will save everyone a lot of time, money & aggravation.\n\nAnd, either relocate the offending tree or cut it down to avoid future disputes.\n\nHowever, if insurance companies are involved and are pursuing the matter, it is irrelevant what the parties do.\n\nGood luck.
956526
I don't know about the disadvantages. As far as advantages it would be a lot cheaper and more constructive if corrections was truly corrections. If we could get people off drugs and back into leading productive lives, we'd be a lot better off. Of course, the client has to want to be clean and sober enough to do things on their own after release..