178 cases in 1985 to 3 in 1992. Heres the way a top lawyer at a major company puts it: CEOs want to be able to take the other guy to the cleaners if they believe theyre in the right, and theyre going to bet the ranch if they have. NCR then made settlement offers built around credits to be applied to future business. If the case can be handled through ADR at or below the calculated risk-exposure level, the company will proceed to resolve it without litigation. The customer was similarly well intentioned. Here again, the prospect of arbitration quickly brought the case to its virtually predestined end, with a result almost certainly better than litigation could have achieved. At many companies, ADR procedures now typically include a lot of excess baggage in the form of motions, briefs, discovery, depositions, judges, lawyers, court reporters, expert witnesses, publicity, and damage awards beyond reason (and beyond contractual limits). Alternative dispute resolution (ADR) procedures involve collaborative techniques which can often spare businesses the high costs of litigation.
They pursue discovery, file motions, and rely excessively on expert witnessesexactly the way they would in a lawsuit. Under normal circumstances, arbitration might take anywhere from 6 to 12 weeks, but in this case it ballooned into a five-year marathon, with five to six hours of testimony four or five days every single week. Even when briefs are appropriateon developing matters of law, say, or where court decisions conflictNCR has found that their greatest usefulness is in focusing attention on key issues. Issues of arbitrability shall be determined in accordance with the federal substantive and procedural laws relating to arbitration; all other aspects of the agreement shall be interpreted in accordance with and the arbitrator shall apply and be bound to follow the substantive laws of the. The overall aim is to resolve the contention efficiently with little expenditure of time and money. In the past five years, NCR has paid out less in awards and settlementsand in outside and in-house counsel fees for all of its ADR mattersthan the outlays for that single case. Last year, only nine disputes incurred outside attorneys fees exceeding 20,000, and total outside legal feesnot quite 1 millionwere less than half what they were in 1984. During the minitrial, each side has an allotted time to present its case, and attendees can comment and ask questions. At NCR and many other companies we know of, including AT T, US west, BankAmerica, and Chevron, top management has decided that winning at all costs is too expensive. The key to successful negotiation is preparation. They then decided to bypass the project team, with all its emotional baggage, and put the matter into the hands of senior managers.
Alternative dispute resolution essay - Approved Custom Essay Alternative Dispute Resolution: Why It Doesn t Work and Why It Does 200 Prompts for Argumentative Writing - The New York
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