Alternative Dispute Resolution
There are four kinds of ADR (alternative dispute resolution); negotiation, mediation, conciliation, arbitration.
ADR is a method or resolving an issue without having to go to court. Court hearings are not always appropriate for the matters at hand and therefore ADR can be used to resolve the disputes. Court cases are also expensive, time consuming and can be very traumatic. Therefore ADR aims to resolve the issue without the problems that come with going to court.
Advantages of ADR
-Cost- ADR is usually cheaper than court proceedings however the third party professional is paid
-Speed- ADR does resolve the issues a lot more quickly than court as court can take many hearings over months and years.
-Control- The parties have more control over ADR rather than handing control to the courts
-Flexibility-The time and place can be arranged to suit both parties resulting in more informal and relaxed hearings
-Expertise-The parties can choose their own mediator/conciliator/arbitrator
-Privacy- The matter will be dealt with in private and therefore there is no publicity.
-Less adversarial- ADR encourages co-operation and therefore avoids negative outcomes
Disadvantages of ADR
-Unequal bargaining of power- In some matters one party is able to dominate the other in employment cases or divorce. Therefore the court may be a preferred option.
-Lack of legal expertise- During the process of ADR an issue may arise that the third party professional may not be able to sort out.
-Court action may still be required- Following mediation and conciliation the matter may not be resolved and therefore will require a court to settle the issue.
-Lack of enforceability- The parties do not need to agree to the terms required and can just turn to court…