Answer to Question 1
Another method of resolving disputes is the collaborative law approach, which is increasingly being used by spouses during separation procedures. In collaborative law, both parties, their attorneys, and any professionals working with the parties agree to meet to resolve all of their issues without litigation. The lawyers act as negotiators and communication moderators while advising their clients about their legal rights, entitlements, and obligations. Both parties promise to take a reasoned stand on every issue, to keep discovery cooperative and informal, and to work together to craft an agreement. Any abusive communications are identified, discussed, and eliminated. Because the attorneys agree not to take part in any litigation that may occur if an agreement is not reached, the attorneys focus only on settlement rather than on preparing documents or presentations for court. If either party seeks court intervention, both attorneys must withdraw from representation.
Answer to Question 2
ADR services are provided by both government agencies and private organizations. A major provider of ADR services is the American Arbitration Association (AAA), which was founded in 1926. Most of the nation's largest law firms are members of this nonprofit association. About 200,000 disputes are submitted to the AAA for resolution each year in its offices around the country and overseas. Cases brought before the AAA are heard by an expert or a panel of experts in the area relating to the dispute and are usually settled quickly. Generally, about half of the panel members are lawyers.
Hundreds of for-profit firms around the country also provide ADR services. Many firms hire retired judges to conduct arbitration hearings or assist parties in settling their disputes. Courts also have ADR programs in which disputes are resolved by court-appointed attorneys or paralegals who are qualified to act as arbitrators or mediators in certain types of disputes.
A number of companies and organizations offer online dispute resolution (ODR), which is conducted on the Internet. The disputes resolved in online forums usually involve disagreements over the right to use a certain Web site address or the quality of goods purchased over the Internet (including goods sold through Internet auction sites).
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