Virtual Kollage: Alternative Dispute Resolution

Posted by / Tuesday, 9 August 2016 / No comments

Alternative Dispute Resolution



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ALTERNATIVE DISPUTE RESOLUTION (ADR)
Alternative dispute resolution is the term used for any process of resolving disputes that does 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, conflict between neighbours, etc.

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ADVANTAGES OF ADR
Costs is less
When parties in a conflict resort to ADR, they many 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 work load
The courts are saddled with a lot of cases which makes the court calendar congested. The use of alternative dispute mechanisms ensures 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.

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