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Alternative Dispute Resolution
Alternative Dispute Resolution
INTRODUCTION
Rapidly developing society and human needs are increasing by manifolds.
Increasing needs lead to conflict of interest.
Citizenry is more aware about their individual rights.
Litigation is resorted to by many such people who fall in conflict of interest
with other in order to settle the disputes.
However, litigation has become expensive, time consuming and as a result
thereof the Courts are overburdened.
Therefore, when litigation fails to meet the needs of the society, the
alternative dispute resolution methods are resorted as a mode of setting the
dispute and difference amongst the parties.
MEANING OF ADR
Alternative Dispute Resolution (ADR) is a term used to describe several
different modes of resolving legal disputes.
It is experienced by the business world as well as common men that it is
impracticable for many individuals to file law suits and get timely justice.
The Courts are backlogged with dockets resulting in delay of year or more for
the parties to have their cases heard and decided.
To solve this problem of delayed justice ADR Mechanism has been developed
in response thereof.
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MERITS OF ADR
More flexibility.
In the case of arbitration, the parties have far more flexibility to select what
procedural and discovery rules will apply to their dispute.
They can choose to apply relevant industry standards, domestic law, the law
of a foreign country, etc.
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ADR is speedy.
Trials are lengthy, and in many states and counties it could take years to
have a case heard by a judge or jury. Appeals can then last months or years
after that.
In a matter of hours, an arbitrator often can often hear a case that otherwise
may take a week in court to try with live witnesses.
With arbitration, the evidence can be submitted by documents rather than
by testimony presented through witnesses.
ADR can be scheduled by the parties and the panellist as soon as they are all
able to meet together.
Party participation.
ADR permits more participation by the litigants.
ADR allows the parties the opportunity to tell their side of the story and have
more control over the outcome than normal trials overseen by a judge.
Many parties desire the opportunity to speak their piece and tell their side of
the story in their own words rather than just through counsel.
Fosters cooperation.
ADR allows the parties to work together with the neutral arbitrator or
mediator to resolve the dispute and come to a mutually acceptable remedy.
Less stress.
ADR is often less stressful than expensive and lengthy litigation. Most people
have reported a high degree of satisfaction with ADR.
Conclusion.
Because of these advantages, many parties choose ADR (either mediation or
arbitration) to resolve disputes instead of filing or even proceeding with a
lawsuit after it has been filed. It is not uncommon after a lawsuit has been
filed for the court to refer the dispute to a neutral before the lawsuit
becomes too costly.
ADR has also been used to resolve disputes even after trial, while an appeal
is pending.
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Sample subject matters.
Some examples of disputes that can be settled by ADR include but are not
limited to:
Business disputes- contracts, partnerships, ownership
Property / Land use disputes- property transfers, boundaries, easements
Family disputes- divorce, property, custody, visitation, support issues
Consumer / Collection disputes- repairs, services, warranties, debts, loans
Employment disputes- employment contracts, terminations, non-compete
Landlord/tenant disputes- evictions, rent, repairs, security deposits
Neighbourhood disputes / Relational disputes or other civil or personal
conflicts
Personal Injury disputes / Insurance disputes- accidents, coverage, liability
issues.
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DEMERITS OF ADR
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Discovery limitations on documents and evidence
It is not as easy to compel a person to produce a document in ADR
proceedings as is during the Court proceedings.
Some of the procedural safeguards designed to protect parties in court may
not be present in ADR, such as the liberal discovery rules used in U.S. courts,
which make it relatively easy to obtain evidence from the other party in a
lawsuit.
Warning.
The parties pursing ADR must be careful not to let a Statute of Limitation run
while a dispute is in any ADR process.
Once the statute expires, judicial remedies may no longer be available.