Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR) refers to methods of settling disputes outside of the formal court system. It includes negotiation, mediation, arbitration, and conciliation. ADR is often faster, less costly, and more flexible than litigation.
General process of ADR is:
- Identifying the Dispute: The parties recognize that a conflict exists and agree to resolve it through ADR instead of going to court.
- Choosing the ADR Method: The parties select a suitable approach, such as mediation (a neutral third party helps them reach an agreement) or arbitration (a neutral third party makes a binding decision).
- Selecting a Neutral Party: A mediator, arbitrator, or conciliator is chosen, either by mutual agreement or through an institution.
- Holding ADR Sessions: Meetings are conducted where each party presents their side, discusses issues, and seeks a resolution.
- Reaching an Agreement: In mediation or conciliation, the parties voluntarily agree on a solution. In arbitration, the arbitrator gives a decision that may be legally binding.
- Enforcing the Agreement: If a settlement is reached, the terms are put in writing and can be enforced if necessary. In arbitration, the decision can be enforced like a court judgment.
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat to us on 0708111222.