Despite its superficial similarity to litigation, commercial arbitration is an alternative mechanism. Under the AAA guidelines, parties to the dispute can still make some important exceptions to the rules. For example, arbitrators are not required to have a legal context, or even to follow the formal rules of law or evidence, unless the contestants require it. And there is rarely a period of discovery of auditions. In general, arbitration is much less formal than litigation and requires much less time and money. We all know the most traditional dispute resolution process in our civil justice system: judicial and judicial proceedings with a judge or jury that decides who is right or wrong – where someone wins and loses someone. However, many other options are available. Negotiation, mediation and arbitration – often referred to as ADRs or alternative dispute resolution solutions – are the best known. Out-of-court dispute resolution (ADR) includes a wide range of methods, outside of judicial procedures, that can result in a binding or non-binding agreement to resolve a legal problem. Among the methods, today`s director has a number of ADR methods that were not granted a few years ago. However, for these alternatives to be very useful, the manager needs to know how they work, why they exist and what they can and cannot accomplish.
Except for one other thing, familiarization with ADR`s methods can lead a manager to think seriously about dispute resolution at an earlier stage of disagreement. In complex disputes, it is customary for a meeting to be held prior to the conciliation meeting to support the parties and set a timetable for the exchange of documents. Parties are invited to sign a conciliation or arbitration agreement before the resolution process begins. The modern American manager must act in a contradictory legal system with all its complications and formalities. And yet there could be more similarities between hand-to-hand combat and the U.S. trade conflict than one might think. Long-term business relationships can be as valuable to a business as long-term personal relationships with people`s lives.