Disputes are common with variations in the level of seriousness and intensity. There are various methods to solve those disputes, among which one is Alternative Dispute Resolution (ADR).
Alternative Dispute Resolution is a popular method to resolve disputes and is an important subject in legal studies. Students acquiring a law degree must have adequate knowledge of this topic. Law essay writing offers Law dissertation help that provides students with detailed insights into this and other similar topics. Their unique writing style makes it easy to understand.
Alternative Dispute Resolution Methods
Alternative Dispute Resolution refers to the process of dispute resolving without any legal action, such as arbitration or mediation. ADR methods are comparatively cost-effective and also time-saving. They are used to resolving issues that usually end up requiring litigation. It includes divorce cases, personal injury, or disputes among labours. This method is often preferred because it allows both parties to listen to each other’s claim and understand it. It allows them to think about a dispute and come out with better solutions that allow both parties to improve. In this way, issues are resolved before even a trial.
Alternative Dispute Resolution Methods
The approaches used in Alternative Dispute Resolution are listed below.
In this procedure, a neutral arbiter is selected to attend meetings and make a decision on how to resolve the issue. He not only listens to the arguments but also examine evidence and then concludes. Both parties accept this outcome if the arbitration is binding. It resembles a formal trial, but has fewer formalities and rules. In the case of a nonbinding arbitration, the parties may or may not agree to the outcome decided by the arbitrator.
Mediation is a prominent ADR strategy in which a mediator is chosen to mediate the disagreement and assist the parties in reaching an agreement. He is not responsible for making the final decision. Rather, he assists both parties to conclude for themselves that satisfies both. In this method, the control over the outcome lies with the parties rather than the mediator. This method is effective for solving disputes between family members, friends, relatives, or business partners. It helps them preserve the relationship and easily get rid of the bad blood. It is not effective if the parties do not have equal authority and one has dominance over the other.
Neutral evaluation is a method involving an evaluator who allows parties to present their arguments to a neutral person. They get the chance to discuss their concerns and present evidence in support. The evaluator appointed is often a subject specialist with in-depth knowledge of all rules and legal bindings. His opinions are nonbinding, and the parties can use them as a guideline to frame an outcome for themselves. This is ideal for cases involving technical issues.
Another method is the settlement conference, in which clients’ attorneys meet a neutral person who might be an expert in the field. They discuss the dispute and related arguments with them, along with evidence. The person does not decide the outcome but shows the path to follow to reach a decision. It helps to resolve disputes where settlement is the right choice.
Advantages of ADR Methods
Following are the benefits of the Alternative Dispute Resolution methods that make it a preferred option for people looking to solve common issues.
Quick Dispute Resolution
Delayed justice is frequently regarded as no justice, hence speed is critical when resolving legal concerns. ADR methods enable to speed up the judicial process and reduce the time otherwise spent waiting for trials. It offers fast solutions to problems, helping society to move in the right direction.
Another advantage of Alternative Dispute Resolution methods is their cost-efficiency. They offer a cheaper solution than the trials. Since trials can continue for months or even years, the cost keeps increasing, making it difficult for low-income groups to fight for justice. Also, trials require the parties to attend court hearings that may compel them to leave their jobs. This can cause financial loss. ADR methods cut off a lot of costs, such as the attorney’s fee, case processing fee, and other charges. It makes legal assistance affordable for people.
Court trials are usually public records and, therefore, far from privacy. Anyone can access them. Even if the crime is not proven, this can result in a damaged reputation and public humiliation for the suspect. On the other hand, Alternative Dispute Resolution methods promote confidentiality and secrecy of the case and the involved parties. Even if a settlement is achieved and an arbitration certificate is produced, there is no public record of the proceedings. It helps the parties to remain anonymous and maintain their reputation.
ADR methods are more flexible than other methods of dispute resolution. They allow more room for both parties to analyse the situation better. Also, they do not stress upon fixed time to attend the hearing and leave job or business activities. Parties can schedule meetings at any time according to their convenience.
ADR methods also reduce biases that may affect the decision of the court. An arbitrator is chosen, who is a neutral third party who reviews all the procedures and offers an impartial solution… The third party has no connections with any participant in the case and, therefore, no interest in the case outcome. The judge, on the other hand, is appointed rather than decided by the clients. There may lie the risk of biased decisions.
The cases solved through Alternative Dispute Resolution methods bring more satisfaction to the clients than those decided in the court. Because both parties are active in the decision-making process, they can choose the best option that benefits them both. This results in increased satisfaction among clients who accept the outcomes and resolve the issue for good.
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