Law of Commerce Alternative Dispute Resolution

Question: Discuss about the Law of Commercefor Alternative Dispute Resolution. Answer: Essay Plan Alternative dispute resolution (ADR) is an important tool in resolving disputes in both domestic and international business and consumer transactions. My short essay described according the above statement. For establishing the statement issues, I research various information related to the Alternative dispute resolution (ADR). ADR is process, which resolves all the disputes related with family, business, and consumers before that goes to a court or tribunal. Parties use the ADR methods because those are quick, private and less expensive that a trial. Alternative Disputes Resolution provided the benefits according the process of Mediation, Expedited Arbitration, Expert Determination, Negotiation and Conciliation (Ag.gov.au, 2017), which I also briefly described in the essay. I ensure that the essay give a clear and proper conception about how ADR process help to resolve the disputes. I have also mentioned the references of some books and internet sources about ADR, which help me to establish a proper view about how they work in the disputes. The sources I mentioned those are all reliable to the assignment and references are all given according Harvard style. Discuss Alternative Dispute Resolution (ADR) illustrate the resolution of disputes where an independent person who can be an ADR practitioner, helps people to sort out any kind of disputes in between them. It is actually help to solve any disputes before it appears to a court or tribunal (Benvenuti , Consults and Whiteman 2016). Here, ADR work as a third person, which never assign with the decision made by a court or tribunal. When resolving disputes process fails to perform, ADR offer the solving ways to consumers (Ag.gov.au, 2017). Alternative Dispute Resolution (ADR) did not set any particular rules or principles for providing their services to the consumers. They have the most common principles of accessibility, independence, transparency and cost. In international sector OECD E-commerce, produce safe guidelines for ADR, which give best resolution of the dispute (Ag.gov.au, 2017). The International Standards Organisation (ISO), which is one of the most successful ADR develop their standards on dispute resolution. In national sectors, some OECD member countries also developed the resolution of disputes in ADR schemes. Like in the year 1997, the Australian Government introduced Benchmarks for Industry-Based Customer Dispute Resolution Scheme which developed their industries according the dispute schemes, consumers groups, government and enforcement authorities (Ag.gov.au, 2017). The National Alternative Disputes Resolution Advisory Council (NADRAC) has also developed their standards and principles of ADR in co llaboration with government and private sectors (Ag.gov.au, 2017). There is lot of benefits that people gets from ADR .Those are: It is a describing process where parties can learn their aims and interest about each other (Benvenuti , Consults and Whiteman 2016). ADR always provide proper model of resolving disputes, which helps people in future to operate disputes. Increase the controlling participation process and give suitable results. Helps to work according the participants need where they invest their time and efforts. Helps for provide a clear and fair process. ADR process is now working in a brief area in Australia with useful and helping approaches which assigning with resolutions of disputes. It deals the conflict managements through preventive, collaborative, facilitative, fact-finding, advisory and mandatory ways. Alternative Dispute Resolution (ADR) operates their solution according the four methods. Those are: Mediation: it is a process where parties can operate as an individual as mediator. They listen to each other, work according the disputes and needs which important to resolve. They also develop the disputes resolution according each issue and assure the most reliable solution (Benvenuti , Consults and Whiteman 2016). A mediator can be suitable if they make a proper and respectful discussion, showing the safe presence for each other, able to control own outcome, maintain good relation, keep their discussion confidential and work according modern discussion. Expedited Arbitration: Arbitration is a process where parties can present or displays their viewpoints and facts to the arbitrator who acts as an individual person. The arbitrator gives his decisions according their information. It is a basic formal process than mediation. In the process parties can involved directly and broadly for producing their facts or evidence to a dispute resolution practitioner (Benvenuti , Consults and Whiteman 2016). It has different modes of works. It has own consensual nature. In arbitration, parties must agree to fix their differences according the disputes (Donaldson 2014). It must be a private procedure where the arbitrator must non-governmental and never involved with the state court system. The proper flexible process should apply on the dispute solution. Arbitration process always showed determination of rights towards the parties. Arbitration can required under a court order or which can be a part as a contract. When parties involved, they sometime issues their disputes according agreement or contract. Their processes are better and quicker than a court (Donaldson 2014). Arbitration process also work with the disputes in between a boss or with employee. Expert Determination: It is a procedure where disputes cam be comply between parties according the agreement or contract. The determination must be irrevocable. Negotiation: Negotiation is another form to resolve disputes in ADR. A negotiation can be process by: Listen to both parties recognized important issues Develop or exercise to the dispute issues Set a goal to work according the agreement Parties must present the actual issue. Only produce irrevocable decision after the end of negotiation (Donaldson 2014). To look after when and how the negotiation process took place and made the decisions. Consult with the negotiator whether communicate directly or assisted by any representative (Benvenuti , Consults and Whiteman 2016). Its duty of a negotiator, to communicate with the parties before process the negotiation. They set a proper procedure before processing the negotiation process. They must be faithful to their work and perform properly for dispute issues (Creutzfeldt 2014). They always give the outcome which always beneficial for the parties. Conciliation: In ADR, the parties can conciliate with a conciliator for solving the dispute issues. It sometimes treated similar to mediation (Creutzfeldt 2014). Sometimes it has become a part of a court, tribunal or government agency process. Its work according: Listening to both the parties Work only for the disputes (Donaldson 2014) According the both parties consultation toward the agreement Set goal for proper workable contract Develop or flourish issues for resolving the disputes Gather expert advices and legal consequences Conciliation can be appropriate when parties want to involve a third party for resolving the disputes. Conciliators have also some duty toward the people. They also work as mediator. Those are: They should know all references towards the disputes Will process with proper guidelines for resolving disputes Will communicate with proper way with the parties (Creutzfeldt 2014) The conciliators never take sides or make individual decision. The Alternative Dispute Resolution gives their services in Australia for providing their separate assignment for resolving the issues. It has developed their aspects in industries for domestic and international business (Creutzfeldt 2014). ADR not only work with industries but also resolve the issues in commercial, family and workplace disputes which is cheaper, faster, and comfortable which is better that going to court or tribunal. The ADR has already gave their services toward the industries from last five years in Australia. The industries growth their business aspects with the involvement Of ADR and resolve the disputes for a better future in business industries (Donaldson 2014). In addition, the litigation of excessive cost and growth of business help the country for settle their relation internationally. It always work confidentially which always help the country for doing better performance in business sector and never damage the relationships between them . Alternative Dispu tes Resolution provided the benefits according the process of Mediation, Expedited Arbitration, Expert Determination, Negotiation and Conciliation. Since the Resolve to resolve report by the National Alternative Disputes Resolution Advisory Council ( NADRAC) has publishes in 2009 , the ADR had growth their promotions in at various levels of the government. At the Federal level, people resolve their disputes according the Civil Dispute Resolution act 2011. They took care about the disputes before that commence to a court or tribunal. ADR works with the issues with the consumer disputes. Here, consumer first complain or point out the disputes. Then if that fail to perform then consumer can choose an independent complaints body like the National Consumer Agency. In this agency, ADR works on disputes. Conclusion This assessment provides the information about how the Alternative Dispute Resolution works in resolving disputes. Their modern process of resolving applied not only Australia, but worldwide they works every disputes like family, organisation, business, consumer and every possible matter that disputes may resolve without going to a court or a tribunal. In that essay it is briefly described how ADR works internationally and domestic consumer transaction with the parties and as well as the resolving the disputes. Reference Alternative dispute resolution | Attorney-General's Department. [online] Availableat: https://www.ag.gov.au/LegalSystem/AlternateDisputeResolution/Pages/default.aspx [Accessed 18 Apr. 2017]. Benvenuti, J., Consults, J.B. and Whiteman, C., 2016. Consumer access to external dispute resolution in a changing energy market. Creutzfeldt, N., 2014. Alternative Dispute Resolution for Consumers. Donaldson, L., 2014. Alternative dispute resolution.ADR, Arbitration, and Mediation, p.91. Fiadjoe, A., 2013.Alternative dispute resolution: a developing world perspective. Routledge. Gill, C., Williams, J., Brennan, C. and Hirst, C., 2014. Models of alternative dispute resolution (ADR).A report for the legal Ombudsman. Queen Margaret University Retrieved from. Ipaustralia.gov.au. (2017). Alternative dispute resolution for Australian business | IP Australia. [online] Available at: https://www.ipaustralia.gov.au/about-us/news-and-community/news/alternative-dispute-resolution-australian-business [Accessed 18 Apr. 2017]. (Ipaustralia.gov.au, 2017)in text Mackie, K.J. and Mackie, K. eds., 2013.A handbook of dispute resolution: ADR in action. Routledge.Moens, G.A. and Evans, P., 2015. An Australian Perspective on Arbitration and Dispute Resolution in the Resources Sector. InArbitration and Dispute Resolution in the Resources Sector(pp. 1-5). Springer International Publishing. Spencer, D. and Hardy, S., 2014.Dispute Resolution in Australia: cases, commentary and materials. Thomson Reuters. Trakman, L.E., 2014. 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