NAMA : NUR AFINAS BINTI ZULKIFLI
KELAS : 1A4
NO MATRIKS : 2019218546
TITLE : INDIVIDUAL ASSIGNMENT (BLENDED LEARNING)
a. ADR is usually less formal, less expensive, and less time-consuming than a trial.
ADR can also give people more opportunity to determine when and how their dispute
will be resolved. The most common types of ADR for civil cases are mediation,
neutral evaluation, and arbitration.One of the essential reasons gatherings may favor
ADR procedures is that, not at all like ill-disposed prosecution, ADR methods are
frequently community oriented and enable the gatherings to see each other's positions.
ADR additionally enables the gatherings to concoct increasingly imaginative
arrangements that a court may not be lawfully permitted to force.
b. Mediation is another of the methods of alternative dispute resolution (ADR)
available to parties. Mediation is essentially a negotiation facilitated by a neutral third
party. Unlike arbitration, which is a process of ADR somewhat similar to trial,
mediation doesn't involve decision making by the neutral third party. ADR procedures
can be initiated by the parties or may be compelled by legislation, the courts, or
contractual terms.For example like mediation may be particularly useful when parties
have a relationship they want to preserve. So when family members, neighbors, or
business partners have a dispute, mediation may be the ADR process to use.
Mediation is also effective when emotions are getting in the way of resolution. An
effective mediator can hear the parties out and help them communicate with each
other in an effective and nondestructive manner
c. In arbitration, a neutral person called an "arbitrator" hears arguments and evidence
from each side and then decides the outcome of the dispute. Arbitration is less formal
than a trial, and the rules of evidence are often relaxed. Arbitration may be either
"binding" or "nonbinding." Binding arbitration means that the parties waive their right
to a trial and agree to accept the arbitrator's decision as final. Generally, there is no
right to appeal an arbitrator's decision. Nonbinding arbitration means that the parties
are free.Arbitration is best for cases where the parties want another person to decide
the outcome of their dispute for them but would like to avoid the formality, time, and
expense of a trial. It may also be appropriate for complex matters where the parties
want a decision-maker who has training or experience in the subject matter of the
dispute.
d. Neutral Evaluation is a method for settling a contest without going for a
preliminary in Court. This procedure is given by the State Courts Center for Dispute
Resolution. During Neutral Evaluation, the gatherings, with their individual attorneys,
present their particular cases and the key proof to the evaluator, who is a Judge. The
evaluator will give his best gauge of the gatherings' probability of progress at
preliminary. The gatherings can utilize this assessment to settle their case or as a
beginning stage to arrange a settlement.
e. The benefits of ADR is can save time.A dispute often can be settled or decided
much sooner with ADR often in a matter of months, even weeks, while bringing a
lawsuit to trial can take a year or more.Next can save money. When cases are resolved
earlier through ADR, the parties may save some of the money they would have spent
on attorney fees, court costs, experts' fees, and other litigation expenses.
Also can increase control over the process and the outcome .In ADR, parties typically
play a greater role in shaping both the process and its outcome. In most ADR
processes, parties have more opportunity to tell their side of the story than they do at
trial. Some ADR processes, such as mediation, allow the parties to fashion creative
resolutions that are not available in a trial. Other ADR processes, such as arbitration,
allow the parties to choose an expert in a particular field to decide the dispute.Plus,
preserve relationships also one of the benefits.ADR can be a less adversarial and
hostile way to resolve a dispute. For example, an experienced mediator can help the
parties effectively communicate their needs and point of view to the other side. This
can be an important advantage where the parties have a relationship to preserve.
ADR can increase satisfaction .In a trial, there is typically a winner and a loser. The
loser is not likely to be happy, and even the winner may not be completely satisfied
with the outcome. ADR can help the parties find win-win solutions and achieve their
real goals. This, along with all of ADR's other potential advantages, may increase the
parties' overall satisfaction with both the dispute resolution process and the outcome.
Also can improve attorney-client relationships, attorneys may also benefit from ADR
by being seen as problem-solvers rather than combatants. Quick, cost-effective, and
satisfying resolutions are likely to produce happier clients and thus generate repeat
business from clients and referrals of their friends and associates.
