What is ADR?

Alternative Dispute Resolution (ADR) denotes a wide range of dispute resolution process and technique that parties can use to settle disputes. They are used by the parties to a dispute who cannot reach an agreement where they cannot enter the courts. However, ADR is also increasingly being adopted as a tool to help resolve disputes rather than the court itself.

In addition to the ADR history of many prominent groups and their advocates, ADR has gained widespread acceptance among the general public and the judiciary in recent years. In fact, some courts now require other parties to use a

form of ADR, usually resolving, before allowing the parties involved to be tried

(in fact the European Mediation Directive (2008) clearly defines what is called “compulsory” mediation; this means going to it is mandatory, not that the solution should be reached through mediation).  In addition, stakeholders in the merger and acquisition are increasingly turning to ADR to resolve postacquisition disputes.

Increased popularity of ADR can be explained by the increased burden of litigation in traditional courts, the perception that ADR places fewer costs than litigation, the choice of confidentiality, and the desire of other parties to have greater control over the choice of individuals or individuals will settle their dispute. Some of the high courts in some areas (of which England and Wales are one) strongly agree with this (ADR) use of mediation to resolve disputes. Since the 1990s many American courts have also strongly encouraged the use of ADR to resolve disputes. However, it is unclear whether the plaintiffs could properly identify and use the ADR programs available to them, thereby reducing their effectiveness.

Types of ADR-

1. Meditation– It is a negotiation process in which a third party is impartial and assists the opposing parties in resolving the conflict through special means of communication and negotiation methods. All mediators are encouraged to actively participate in this process. Mediation is a “group-focused” process because it focuses on the needs, rights, and interests of the parties. The mediator uses a variety of strategies to guide the process in a constructive way and to help stakeholders find their right solution. The arbitrator is the mediator because it controls the communication between the parties and creates open communication. Mediation also checks that the mediator analyses the relevant issues and procedures.

Mediation, as used in law, is a way of resolving disputes between two or more parties with tangible results. Usually, a third party, the mediator helps the parties to negotiate an agreement. Opponents may resolve disputes in a variety of fields, such as commercial, legal, corporate, workplace, community, and family matters.

The term mediation refers to any situation in which a third party helps others to reach an agreement. In particular, mediation has a structure, timeline, and normal negotiating power that is lacking. The process is confidential and confidential, which may be mandatory by law. Participation is voluntary. The mediator acts as a neutral third party and assists rather than directs the process.

Mediation becomes a peaceful and universally accepted solution to the conflict. Mediation can be used to resolve disputes of any magnitude.

• Arbitration– It is a way of resolving disputes outside the judiciary courts. The dispute will be decided by one or more persons (arbitrators), who renders the ‘arbitrator’ award. A decision on compensation or award is legally binding on both parties and may not be enforced in the courts, unless both parties state that the mediation process and the decision are not binding.

Mediation is often used to resolve trade disputes, especially in the context of international trade activities. In some countries such as the United States, arbitration is often used in consumer and employment matters, where arbitration may be ratified by employment terms or commercial contracts and may include waiver of the right to bring a class action claim. Compulsory consumer mediation and employment must differ from the agreed settlement, in particular commercial compensation.

There are limited rights for review and appeal of arbitration awards. Mediation is not the same as: mediation although in some places, litigation is sometimes called mediation.

• – A conversation is a conversation between two or more people or groups that aim to achieve a profitable outcome on one or more issues where there is a conflict about at least one of these issues. Negotiation is a process of interaction between businesses that wish to agree on issues of interest to them, while developing their individual resources. This beneficial effect can be for all involved, or for one or more of them. Negotiators must understand the negotiation process with other negotiators in order to increase their chances of closing deals, avoid conflicts, establish relationships with other parties and reap the benefits and maximize similar benefits.

It is intended to resolve differences, benefit individuals or groups or produce results to satisfy a wide range of interests. Distribution negotiations, or agreements, are made by prioritizing the position and making the agreement to achieve the agreement. The degree to which the negotiating parties trust each other to achieve a negotiated solution is a major factor in determining whether negotiations are successful.

• Conciliations – In this process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, encouraging parties to explore potential solutions and assisting parties in finding a mutually acceptable outcome.

Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.

DISADVANTAGES OF ADR –

• ADR can be used as a stalling tactics which means something that someone does intentionally in order to delay actions or prevent someone from doing something for a period of time.
• Parties are not compelled to continue negotiations or meditation as meditation in first and foremost a non- binding procedure. This means that even though parties have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation process after the first meeting.
• Does not produce legal precedents.
• Exclusion of pertinent partie’s weakness final agreements. Parties may have limited bargaining power, parties do not have much of a say. Little or no check on power imbalances between parties.
• The rights of the parties may not be protected by alternative dispute resolution.
• ADR only resolves issues related to civil disputes and money related issues.
• There is no guaranteed resolution ADR.
• The decision taken by the Arbitration are final, the decision of a neutral arbitrator cannot be appealed.

CONCLUSION-

In conclusion, Alternative Dispute Resolution (ADR) is good for justice. This is because Alternative Dispute Resolution is easy to solve because the costs are very cheap, fast, informative, easily accessible, offer reconciliation between the parties, less formal action involved and are not enemies.

Litigation should be last resort and should be utilized only if the ADR procedure fails. However, it is essential for the parties involved in the issue to approach ADR with the willingness to compromise if there are chances for success. Arbitration is useful when it comes to family matter.