Uncommon Methods of ADR
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Uncommon Methods of ADR

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    Uwala Esther M.
    NG
    Uwala Esther M.

    this unit on arbitration is more intense compared to mediation and negotiation arbitration is adversarial like litigation, its a method of ADR that vests authority on a third party the arbitrator who will hear the case and issue decision, that is known as arbitration award .arbitrators are no judges but they hear the parties cases and decide and decide which evidence can be introduced and issue decision. participation in arbitration procedings is mandatory if mandatory arbitration clause is in the contract. Theres also non binding arbitration, voluntary arbitration this is used frequently in business disputes>parties chose voluntary arbitration because they believe that the benefits of arbitration outweigh litigation costs and they also hope t get speedy and inexpensive outcome arbitration award can be binding and non binding. when parties voluntarily submit to arbitration procedure ,the arbitration decisions are binding, the arbitral award is final in a binding arbitration. arbitration is adversarial process like trial.it is more formal than mediation and negotiation. arbitration resembles trial in many ways. The rules of procedure are less formal and less restrictive on the presentation of evidence and arbitration procedure .Arbitration is less expensive than litigation and it is more expensive than negotiation and negotiation. Arbitration is faster than litigation but it is not as private as mediation and negotiation.. Most arbitrators are experts in the legal area of the dispute he/she is handling. In arbitration parties retain lawyers arbitrators to represent them .Arbitration is a widely used form of alternative dispute resolution.

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