Maritime Development Corporation

As litigation continues to be a time-wasting, costly, distracted, and unsatisfactory practice for dispute resolution, alternative dispute resolution increases in popularity, specifically, mediation and arbitration. Arbitration is a cost efficient substitute to litigation that is the yielding of a dispute to an impartial party in order to receive a final incumbent decision in the form of an award. Arbitration is sensitive, classified, and modeled to be a swift, and inexpensive solution to dispute. Participating parties may include additional terms in the agreement identifying arrangements to their agreements’ arbitration clauses to meet the requirements of their discrete dispute. In summation, arbitration is process that is private, speedy, cost efficient, and customized to the liking of the parties involved.

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

In the novel Brave New World, two sides are created to demonstrate the opposing standpoints on whether certain freedoms should be given up for social stability. Those who chose freedom lose that sense of happiness and protection the World State offers. Soma, conditioning, fertilization processes take away any sense of being exclusively free. The individual has no say in the matter of how their life is directed which creates the main conflict between certain characters within the novel. Some characters inevitably choose freedom in the novel but, at a cost of anguish and suffering on many great levels.

5. Arrange procedures in a low-to-high-cost sequence. Dispute-resolution systems typically have a series of steps. If one has a grievance or a conflict with another person or an organization, first you try to solve it on your own, and then you seek the help of a lawyer, etc. Ury, Brett, and Goldberg advise that by arranging dispute-resolution procedures in a low-to-high-cost sequence one can reduce the probability of rapid escalation, as had been happening at Caney Creek, when workers organized "wildcat" strikes over small conflicts. Minimizing this tendency toward rapid escalation had the added benefit of reducing enmity and increasing faith in the ability of the system to resolve basic disputes.

Well-organized structure. There is clear defined stages and the fixed timetable to follow during the dispute settlement procedure. This dispute settlement system indeed become more effective than that of GATT 1947 (Food Fight n.d.), which is capable of dealing with complicated cases.

Negotiation can be defined as a communications process used to put deals together and to

In the last 10/18 years a range of new dispute resolution procedures has become available

Negotiation is a fundamental form of dispute resolution involving two or more parties (Michelle, M.2003). Negotiations can also take place in order to avoid any future disputes. It can be either an interpersonal or inter-group process. Negotiations can occur at international or corporate level and also at a personal level. Negotiations often involve give and take acknowledging that there is interdependence between the disputants to some extent to achieve the goal. This means that negotiations only arise when the goals cannot be achieved independently (Lewicki and Saunders et al., 1997). Interdependence means the both parties can influence the outcome for the other party and vice versa. The negotiations can be win-lose or win-win in nature.

This report also addresses the dispute resolution process and different steps to solve a the dispute between two parties. Those steps are known as Negotiation, Mediation, Conciliation and Arbitration. Most of these steps require a third party who helps in offering advice or examining the dispute within the workplace or making an agreement for two parties to agree on. There are some disadvantages in the process of these steps and they can end up in a failure to resolve the dispute and if that happens, then the two parties move onto the next step.

Negotiation is a dialogue between two or more people or parties intended to reach a beneficial outcome over one or more issues where a conflict exists with respect to at least one of these issues. This beneficial outcome can be for all of the parties involved, or just for one or some of them.

Negotiation is a form of communication.Effective negotiation is an important characteristic, and it consist of effectively communicating with people (Gomez-Mejia, Balkin, & Cardy, 2012).

Negotiation is a basic generic human activity. The world is a giant negotiating table such that a person can negotiate many different things in many different situations. Negotiations can occur over labor relations, buying purchases, salaries, strikes, international affairs such as war and freeing hostages as well as family issues such as divorce, child custody and even who gets the car keys.

In requisites, negotiation is a discussion involving two or more parties (disputants) who are in the process of finding a solution to their problems. Negotiation process takes place when the parties are trying to solve a problem arising out of intentions to do new things. It happens when the parties acknowledge the conflict of interest between them and that they can influence the outcome by demanding for a better deal, as opposed to accepting the

The first step is to define what negotiation is. Negotiation is “a process in which two or more parties exchange goods or services and attempt to agree on an exchange rate for them.” (pg. 411).

A traditional judicial process such as litigation is a settlement of an agreement between the parties involved in a dispute that is heard and decided by the judge and a jury in court. Due to the rising costs of litigation and time delays, businesspersons are turning to alternate dispute resolutions as a way to come to an agreement. Many states and corporations have been experimenting with ADR programs and have found it to be a great alternate. Three types of alternate dispute resolutions are negotiation, mediation, and arbitration. Roger LeRoy Miller, author of “Business Law Today” stated that, “Today, more than 90 percent of cases are settled before trial through some form of ADR” (84). Each process is used differently amongst parties and each has its own benefits. Alternate dispute resolutions tend to have lower costs and the process is much shorter. The use of alternate dispute resolutions is growing at a fast rate because many businesses and corporations find it to be an easier way to come to a settlement. Although alternate dispute resolutions have been recognized for their advantages its still important not to overlook the disadvantages of each.