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ADR - Advantages & Disadvantages
Alternative dispute resolution provides a confidential and alternative method of tackling legal dispute which avoid going to court, means settlement of dispute without litigation. There are various methods of alternative dispute resolution and the following are (1) Negotiation - it is the method by which people settle difference. It is the process by which compromise or agreement reached while avoiding dispute and argumentative. (2) Mediation - it is a process of resolving conflict in which third party assist the disputants to resolve the dispute and their on conflict. (3) Arbitration - it is a process by which parties to contract submit the dispute arising between them in the contract to an independent third party for the resolution of the dispute. (4) Conciliation - it is a process in which dispute resolve between the party by appointment of conciliator who meet with the parties both separately and together to resolve the dispute between them.
Advantages of ADR :(1) Lower cost ADR tends to be lower in cost than litigation.
2.Avoids a jury: alternative dispute resolution methods generally involves the use of one or more knowledgeable professionals to resolve the dispute.
3. Privacy: alternative dispute resolution is a private process; whereas, litigation and court records are open to the public. The result can be kept confidential in ADR.
4. ADR is speedy: trials are lengthy; whereas alternative dispute resolution techniques help to resolve the dispute in a very minimum time.
5.Less stress: methods of alternative dispute resolution are often less stressful than expensive and lengthy litigation. Many people have a high degree of satisfaction with ADR.
6.Co-operation: ADR allowed the party to work together with the help of third party appointed who is independent and neutral.
7. The parties can often select their own arbitrator, mediator, conciliator to dissolve their disputes.
Disadvantages of ADR: no guaranteed resolution with the exception of arbitration.
2.Discovery limitations: like some of the procedure of safeguard to protect the party is available in court but this facility is not provided in ADR.
- Introduction
- Advantages of ADR
- Disadvantages of ADR
