Alternative dispute resolution typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes, with the help of a third party. They are used for parties who cannot agree short of litigation. However, alternative dispute resolution is also increasingly being adopted to help settle disputes alongside the court system.
Alternative Dispute Resolution
Despite historic resistance to alternative dispute resolution by many popular parties and their advocates, it has gained much acceptance among both the general public and the legal profession in recent years.
The rising popularity of alternative dispute resolution can be explained by the increasing caseload of traditional courts, the perception that it imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual who will solve their dispute.
What Is ADR?
Alternative dispute resolution (ADR) refers to the various methods by which people can resolve disputes without going to court. Mediation, arbitration, and neutral evaluation are examples of common ADR processes. These procedures are typically more private, less formal, and less stressful than traditional court proceedings.
ADR frequently saves money and expedites settlement. Parties in mediation play an important role in resolving their own disputes. This frequently leads to more creative solutions, longer-lasting results, greater satisfaction, and improved relationships.
Salient Features
Alternative dispute resolution is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. Sometimes, conciliation is included as a fifth category, but simplicity may be regarded as a form of mediation.
Alternative dispute resolution can be categorized into two historical types. The first one is methods for resolving disputes outside of the official judicial mechanisms. The second one is informal methods attached to official judicial mechanisms.
Alternative dispute resolution includes informal tribunals, informal and formal meditative processes, and formal tribunals. The classic formal tribunal forms of alternative dispute resolution are arbitration and private judges.
Alternative dispute resolution often refers to important external conflict management options but is not used occasionally. An organizational office typically offers many internal options that are used in hundreds of cases a year. These options include delivering respect, active listening, serving as a sounding board, providing and explaining information, receiving vital information, reframing issues, helping to develop and evaluate new options for the issues at hand.
Possibility Of Referrals
Offering the possibility of referrals to other resources, helping people to draft a letter about their problems, coaching and role-playing, offering shuttle diplomacy, offering mediation inside the organization, looking into a problem informally, facilitating a generic approach to an individual problem, identifying and communicating throughout the organization about new issues and identifying and communicating about patterns of issues. Informal referral to a co-worker known to help people work out problems is an informal procedure.
Conceptualizing alternative dispute resolution in this way makes it easy to avoid confusing tools, and dividing lines in the alternative dispute resolution processes are often provider-driven rather than consumer-driven. Educated consumers will often choose to use many different options depending on the needs and circumstances that they face.
Finally, it is important to realize that conflict resolution is one major goal of all the ADR processes. If an approach leads to resolution, it is a dispute resolution process.
Final Thoughts
Alternative dispute resolution (ADR), also known as external dispute resolution (EDR), refers to a variety of dispute resolution processes and techniques that parties can use to settle disputes with the assistance of a third party. They are used for disputing parties who cannot reach an agreement without resorting to litigation. However, ADR is increasingly being used in conjunction with the court system to help resolve disputes.
