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Types of ADR and the Hearing Court

The primary types of alternative dispute resolution (ADR) methods include mediation and arbitration. Mediation involves the use of a mediator to reach a settlement between conflicting parties. The process has no formality, and both parties have to agree to the settlement to make it binding to them, while the mediator only facilitates the process (Winataa and Adityab 92). Unlike mediation, arbitration is a legal process, and the arbitrator selects a settlement which is binding to both parties. Chris Tycol should use arbitration as a legally binding process and is more enforceable than mediation (Zeller and Trakman 453). While mediation and arbitration are the primary ADR methods, others include conciliation and negotiation. Tycol’s case is classified as probate because it involves wills and estates. Therefore, it should be heard by a state court, which hears criminal and probate cases, among others. However, Tycol can appeal with the US Supreme Court, which decides whether to hear an appeal or not.

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Works Cited

Sklar, Tara, et al. “Characteristics of Lawyers Who are Subject to Complaints and Misconduct Findings.” Journal of Empirical Legal Studies, vol. 16, no. 2, 2019, pp. 318-342.

Winataa, M. Reza, and Zaka Firma Adityab. “Characteristic and Legality of Non-Litigation Regulatory Dispute Resolution Based on Constitutional Interpretation.” European Journal of Law and Technology, vol. 90, 2019, p. 92.

Zeller, Bruno, and Leon Trakman. “Mediation and Arbitration: The Process of Enforcement.” Uniform Law Review, vol. 24, no. 2, 2019, pp. 449-466.

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