00:01
Alternative dispute resolution has many positive features.
00:03
It can be faster and cheaper than litigation.
00:06
And unlike litigation, the process can be confidential and the parties can control the process, the timing, and the selection of the facilitator.
00:13
Based on the principles and legal materials studied in the business law course, identify and explain circumstances when litigation is the most appropriate method of resolving disputes.
00:23
Alternative dispute resolution, adr, is settling of a dispute outside of court.
00:28
The different ways to settle a dispute outside the court are arbitration, mediation, neutral fact finding, enablement, and conciliation.
00:39
Adr is, it's more flexible.
00:42
The parties can select their own arbitrator or mediator.
00:45
The expense to hire an attorney is reduced.
00:48
Juries are not involved, and results in adr are quicker and they're kept confidential.
00:53
And without the juries being involved, it often allows the people in adr to feel as though they have ownership and more control over the outcome and more say in the outcome.
01:06
As such, they tend to be happier with the outcome, even if they didn't get everything they wanted and they're likely not going to.
01:12
They tend to be more satisfied with the result because there's give and take in these sorts of situations versus when something goes before a jury, it's typically all or nothing.
01:22
One side wins and one side loses.
01:24
Loses, whereas when you're using one of the methods of adr, both sides are winning and both sides are losing because both sides will get something they want or a little bit of what they want, but both sides are going to lose something of what they would have liked ideally.
01:39
The downsides.
01:41
There is no guarantee of resolution like in a court and end up in court, and they may end up in court for resolution, which results in a waste of time and money.
01:50
So when would litigation be good here? want to because if you want a guaranteed outcome, if you want to be sure, no holds bar, i want to know when we're done with this, i want to make sure i don't waste time.
02:01
I want to make sure i don't waste money.
02:03
I want a definitive outcome.
02:05
Then litigation is the way to go.
02:08
The decision given by a judge can be appealed, but the decision given by an arbitrator or mediator cannot be appealed and is considered the final decision.
02:16
So again, if you're looking at this going, if i don't get the outcome i desire, i want to be able to challenge it or in what's referred to as an appeal, then you want to go with litigation and not a method of adr.
02:29
Because in adr, the decision is final and you cannot challenge or appeal it.
02:35
So you're stuck...