Bus 415 – Alternative Dispute Resolution
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Alternative Dispute Resolution
Edwin Olmeda
Universtity of Phoenix
BUS/415
Israel Camacho-Alicea
June 15, 2005
Alternative Dispute Resolution is the most important aspect in the courts structure because it allows to resolve disputes before ever having to spend money or time. Having to use the court system to resolve disputes can take several years and cost a lot of money. Companies have taken into their system ADR because it can solve problems faster and cost less money. Every company can sure have ADR in every single case they have because they can save tons of money and time.
Not always disputes can be solved, this means that people have to take that extra mile to solve the dispute. If the parties do not agree with the decision taken by the arbitrator it can be appealed. The Congress made an act, the Federal Arbitration Act, they promote the dispute for the courts at the state level. The Uniform Arbitration Act is that people before been send to court they have to go through other ADR.
There are many forms of ADR: arbitration, meditation, conciliation, minitrial, fact-fading and judicial referee. In ADR you use the most common form that is arbitration. This form is where the parties involved choose and impartial third person to listen and decide who should win the dispute. This third person is chosen by the American Arbitration Association.
The courts that address this issues depend on what the arbitrator says. The court tend to have great deference with the arbitrator. There are many cases that get solved with ADR but some do not. There is something that comes into my mind every time I hear ADR, it is that you can save money and time when you use arbitrators.
Personally I have been there and it does really save time and money. I had a case between X and myself. In this case I was arguing because my cars transmission broke down and my car was still in warranty and because of some engine alterations they void my warranty. When I was told that my warranty was voided I went to DACO and they told me that they were going to help me get my car fixed with warranty. I think to myself that thanks to DACO I did not had to pay one thousand pure american dollars. DACO