subject: What Is Alternative Dispute Resolution [print this page] Also called External Dispute Resolution in certain states all over the world, the alternative dispute resolution or ADR includes a set of strategies and processes that attempt to and enable opposing sides to make a settlement without having or before turning to a lawsuit.
There are four major types of ADR: arbitration, negotiation, collaborative law and mediation. Conciliation is sometimes added as a fifth major type of ADR while other times it's considered as a form of mediation. Several other types of ADR include collaborative divorce, conflict resolution, dispute resolution, online dispute resolution, party-directed mediation and restorative justice. Among all of these mentioned, the most commonly used type is the mediation. At present, several courts require disagreeing factions to resort to mediation first before allowing their case to be tried.
A number of reasons contributed to the rise in popularity of ADRs, particularly mediation. Aside from the increasing advocacy of many judges, experts agree that the mounting caseloads of traditional courts, the perception of ADRs being more cost-effective than a lawsuit, predilection for privacy and confidentiality, and greater control over the selection of the mediator are the main causes of the proliferation and fame of alternative dispute resolution.
They've also listed down the following as benefits of ADR:
It is suitable for multi-party or multi-faceted disagreementsThe procedure is quite flexible, as the parties involved determine and control the process.Costs are considerably lower than litigation.ADR is less complicated and devoid of too many formalities.Both parties choose the neutral third party to adjudicate and direct negotiations, yet the final decision still lies in both and not the mediator.Settlements are more likely to be reached in a shorter timeframe.The agreed-upon solutions are practical and tailor-fit to both parties' interests, goals and needs.The concurrence is quite durable and will last for very long.This process and all those involved should uphold confidentiality.Relationships and reputations will be preserved.
Arbitration and mediation as forms of ADR are still considered as a legal technique, yet the disputes are resolved outside of court. In both forms, disagreeing parties refer their issues to one or more personsarbitrators/arbiters/arbitral tribunal in the former and mediator/s in the latter.
The difference between these is: in arbitration the decision arises from the 3rd party, in mediation the final decision comes from both of the disagreeing people as a way of acquiescence and the mediator is not allowed to make any decision. A very important purpose of a mediator is to guide the discussion of the conflicting persons toward an agreement that is certainly best for them.
