Intro to Paralegal Studies Practice

Which of the following is an alternative dispute resolution process?

1. Mediation

2. Litigation

3. Arbitration

4. Prosecution

The correct answer is: Arbitration

Mediation is a collaborative process where a neutral third party assists disputing parties in reaching a mutually acceptable resolution. Its informal nature allows for more flexibility and creativity in resolving conflicts than traditional legal proceedings. It is important to recognize that mediation is indeed an alternative dispute resolution (ADR) method, similar to arbitration. Arbitration involves a neutral third party who makes a binding decision based on the evidence and arguments presented by the parties. This process typically resembles court proceedings but occurs outside the courtroom. Arbitration is clearly categorized as an ADR method because it allows parties to resolve disputes without going through the traditional litigation process. Litigation, on the other hand, is the process of taking legal action in a court. It is a formal and often lengthy procedure that involves a judge or jury making a decision on the matter; thus, it does not fit the definition of an alternative dispute resolution process. Prosecution refers to the legal proceedings undertaken against an individual or entity accused of a crime, which is part of the criminal justice system and is not related to disputing parties seeking resolution over civil matters. Overall, both mediation and arbitration serve as effective forms of alternative dispute resolution, providing parties with methods to resolve their disputes outside the courtroom.