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Posted by Chester Morton / Tuesday, 28 August 2018 / No comments
Eight advantages of alternative dispute resolution [#3 will allay your fears]
ADVANTAGES
OF ALTERNATIVE DISPUTE RESOLUTION
ADR saves
time
One
advantage of alternative dispute resolution is that the parties involved can
avoid many of the preliminary steps required for a court hearing. This helps to
reduce the protracted and repetitive litigation that is normally associated
with normal court proceedings and therefore save precious time for both parties
and those resolving the dispute.
Reduces the
work-load in courts
ADR provides
an answer to the increasing caseload of the traditional courts. ADR relieves
the ordinary courts of work load that would otherwise have been taken to the
courts if there were no alternative dispute mechanisms.
There is
confidentiality
In contrast
to court hearings, arbitration and mediation are conducted in private and the
decisions are confidential. Neither the reason for a dispute nor the as is upon
which ON it is resolved need be made public.
There is
flexibility in ADR
Formal
litigation in court must follow strict procedural rules. Certain steps must be
taken and the rules of evidence must be strictly adhered to. ADR procedures do
not usually follow very rigid procedures. In other words, there is less
formality.
Improves
relationships
The use of
ADR also tends to mend or improve the overall relationships between the
contesting parties. This brings to mind Abraham Lincoln philosophy on ADR which
states that “discourage litigation; persuade your neighbours to compromise
whenever you can. Point-out to them how the normal winner is often a loser, in
fees, expenses, cost and time”. The disputing parties leave with a better
relationship than if the conflict is settled in a law court.
It is Costs
less
Litigation
in the ordinary courts can be very expensive. There is the payment of lawyers’
fees, court costs, experts’ fees, etc. Many alternative dispute resolution
processes are cheaper and faster than the traditional legal process.
ADR can
reduce stress
ADR is
generally perceived as less stressful than law suits. The fact that an
individual has a case in court and may find himself going to jail, exposed to
public ridicule by the media, may be spending huge sums on a protracted court
case, etc. keeps disputants tensed. Since such worries are non-existent or
minimized in ADR, its advocates claim it is less stressful. ADR overcomes the
emotional toll involved in resolving disputes through the usually avenue of
litigation.
ADR protects
the reputation of the two parties better than lawsuit
In a
litigation or lawsuit, lawyers on both sides are usually at their best in
making their opponents look stupid, unreliable, liars, etc. “The opposing sides
in litigation are attacked and demeaned at every opportunity during the course
of a lawsuit”. In such a case, whether you win or lose you may suffer a dent on
your image/reputation. ADR saves both parties from such humiliation.
SAMPLE
QUESTION(S)
Highlight
six advantages of alternative dispute resolution.
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