Alternative Dispute Resolution
Posted by Chester Morton / Tuesday, 9 August 2016 / No comments
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Alternative dispute resolution is the term used for any process of
resolving disputes that do not involve resorting to the courts of law. It is sometimes called ADR. The parties to the dispute must agree to settle their misunderstanding by the use of ADR before the processes can start.
Types of alternative dispute
mechanism
ADR can take several forms but two of
the most common methods are mediation and arbitration. In mediation, a neutral
third person explores the interests of each party in a case, helps them to
identify areas of agreement, and works with them to reach a solution they both
will accept.
In arbitration, the neutral third
person actually makes the decision for the disputing parties. This can be
binding on the disputing parties if both parties agreed on that method beforehand.
ADR is often resorted to in resolving
commercial disputes, matrimonial cases; property disputes labour disputes
(arbitration), conflicts between landlords and tenants, the conflict between
neighbours, etc.
ADVANTAGES
OF ADR
Costs is less
When parties in a conflict resort to
ADR, they may end up not paying anything. In short, ADR entails lesser costs
that litigation.
ADR is Speedy
One complaint against the
court system of delivering justice is that it is usually lengthy. It could
sometimes take years before a case comes for hearing before a judge, much
less obtain a verdict. Sometimes, such delays are due to deliberate delays by
judges and lawyers.
ADR relieves the ordinary courts of
workload
The courts are saddled with a lot of
cases and this makes the court's calendar congested. The use of alternative dispute
mechanisms ensure that the work-lord on the traditional courts is reduced.
There is much room for
confidentiality under ADR
Arbitration, Mediation and other
modes of Alternative Dispute Resolution are not so open to public scrutiny as
one finds in court disputes. The hearings and awards are usually kept
confidential.
More Peaceful way of resolving
disputes
Alternative Dispute Resolution is
more likely to preserve goodwill or at least, does not escalate the conflict,
which is especially vital in situations where there is a continuing
relationship.
Would you use ADR to settle your disputes or would you still resort to the traditional court system? Tell us in the comments section.
Would you use ADR to settle your disputes or would you still resort to the traditional court system? Tell us in the comments section.
