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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