Alternate Dispute Resolution Journal Week 2 (the 1st of 6 entries)
Lin Rachel 10447301
_____________
ADR is the process by which an impartial person, who is not a judge, assists in resolving a dispute between two parties or more.
Honestly, who am I trying to kid by regurgitating the definition? I will be lying through my very bare (and coffee-stained yellow) teeth to say I know a fair bit of what alternate dispute resolution (ADR) is. The truth is, prior to our first introductory lecture on Wednesday, I have not quite got a clue what it is about. When I think of ADR, the only words I can muster up are ‘conciliation’, ‘mediation’, ‘negotiation’ and ‘out of court settlements’, which honestly, I am quite abashed to say it is not very much.
Yet, after sitting through the introductory lecture, it appears to me that ADR is fundamentally about those issues and processes. I know the next question you must be thinking is why on earth I am doing such a unit when I have not the faintest idea about what it is about. Well, the simple reason is that ADR happens to fit in my busy timetable and I figured that since it is not one of those freakily early or outlandishly late classes, I could very well attend it.
On a slightly more serious note, the term ADR intrigued me. It was not the usual administrative “law” or contract “law”, which I have always felt was rather intimidating. You know what they say about law students – those poor, poor students who slog their craps off. Call it cheap thrill, but the fact that I was doing a law unit which did not even have the word “law” in its title was quite appealing to me. Its title made it appear more student-friendly and slightly comforting to a stressed out and overworked fourth year student like me.
By the sound of it, I’ve always thought ADR is an avenue for me to further develop my mediation skills. Also given the one too many “crisis” that my friends face, I think I have become quite the Aunt Agony in that respect. However, I have not always been successful in remaining impartial or keeping tact in such situations, a weakness of mine. Hence, to be able to take those mediation skills to another and more serious level, would only serve to be an asset to my future working (and social) life.
I’ve always found litigation cumbersome and arduous. Patience has never been a virtue of mine, quite unfortunately. I like things settled right there without the wishy-washy whimsicality. Not to mention the exorbitant financial costs incurred (excellent for us lawyers-to-be but not quite the common man) by the claimant or potential defendant! Having survived law school for 3 years, I have seen my fair share of the silly case scenarios which I’ve personally felt could have been easily settled out of court.
Perhaps with ADR taking a more active role in settling disputes, law students will have fewer cases to read in the future!
______________
*note: whatever rubbish you have read are entirely and purely up for submission to be graded. God save my ass!
Lin Rachel 10447301
_____________
ADR is the process by which an impartial person, who is not a judge, assists in resolving a dispute between two parties or more.
Honestly, who am I trying to kid by regurgitating the definition? I will be lying through my very bare (and coffee-stained yellow) teeth to say I know a fair bit of what alternate dispute resolution (ADR) is. The truth is, prior to our first introductory lecture on Wednesday, I have not quite got a clue what it is about. When I think of ADR, the only words I can muster up are ‘conciliation’, ‘mediation’, ‘negotiation’ and ‘out of court settlements’, which honestly, I am quite abashed to say it is not very much.
Yet, after sitting through the introductory lecture, it appears to me that ADR is fundamentally about those issues and processes. I know the next question you must be thinking is why on earth I am doing such a unit when I have not the faintest idea about what it is about. Well, the simple reason is that ADR happens to fit in my busy timetable and I figured that since it is not one of those freakily early or outlandishly late classes, I could very well attend it.
On a slightly more serious note, the term ADR intrigued me. It was not the usual administrative “law” or contract “law”, which I have always felt was rather intimidating. You know what they say about law students – those poor, poor students who slog their craps off. Call it cheap thrill, but the fact that I was doing a law unit which did not even have the word “law” in its title was quite appealing to me. Its title made it appear more student-friendly and slightly comforting to a stressed out and overworked fourth year student like me.
By the sound of it, I’ve always thought ADR is an avenue for me to further develop my mediation skills. Also given the one too many “crisis” that my friends face, I think I have become quite the Aunt Agony in that respect. However, I have not always been successful in remaining impartial or keeping tact in such situations, a weakness of mine. Hence, to be able to take those mediation skills to another and more serious level, would only serve to be an asset to my future working (and social) life.
I’ve always found litigation cumbersome and arduous. Patience has never been a virtue of mine, quite unfortunately. I like things settled right there without the wishy-washy whimsicality. Not to mention the exorbitant financial costs incurred (excellent for us lawyers-to-be but not quite the common man) by the claimant or potential defendant! Having survived law school for 3 years, I have seen my fair share of the silly case scenarios which I’ve personally felt could have been easily settled out of court.
Perhaps with ADR taking a more active role in settling disputes, law students will have fewer cases to read in the future!
______________
*note: whatever rubbish you have read are entirely and purely up for submission to be graded. God save my ass!
posted by princess rach at
9:34 AM
3 Comments:
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