Advantages of ADR - adr advantage PDF

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One of the main advantages in the alternate dispute resolution is that, this type of resolution is more flexible compared to the judiciary. This is deeming to said that it offers the lawyers and clients the flexibility that the litigation cannot offer. The parties in dispute can choose any forms of dispute that they want whether it is Arbitration, mediation or conciliation. When the results of the resolution that they have chosen to have not been satisfied by one or both the parties, they may choose another alternative dispute resolution as they are unhappy with the results. This is mainly because no one is bound to any form of alternative dispute resolution. This is where the parties can have the power to choose their own arbitrator or mediator to facilitate their dispute.1 For example, in the mediation session, the parties can also choose a person that isn’t an attorney, they can have the alternative of choosing the person who has is specialised in the area that the parties of dispute want to discuss. This proves that alternative dispute resolutions promote the flexibility and eases both parties in resolving their problem. The parties can also participate in the process of resolution that they have chosen in a more fully and wider range of ways. This is where the parties can customize the resolution process to their wants and needs and possibly create a solution that may not be available from the court.2 This leads the parties and, for some of the resolutions a better understanding of the case in where it gives the parties understand the strength and weaknesses of their case and also encourage the parties to exchange the information directly to one another. This gives the parties to focus on the issues and have a say in the final decision. This is different compared to the legal adjudication. This is mainly because the decision of the court is final and normally there is only one party that is satisfied with the courts decision. Roscoe Pound states ‘when they seek to devolve upon it the whole burden of the social control…enforcement of law comes to involve many difficulties. Pound also stated his dissatisfaction with legal institutions that led him to demand ‘justice without law’, this was the reason why many people chose the alternative resolutions compared to litigation. Therefore, the alternative resolution is a matter of way where it produces flexibility between the parties in dispute and the outcome is usually satisfactory to both parties at the end of the agreement. Alternative dispute resolution is also known as a speedy process compared to the legal adjudication. Trials in the court are known to be lengthy and this is the main reason why most people tend to choose the alternative dispute resolution compared to the court procedure. This is mainly because of the courts usually have large backlog of cases and this 1 Flexibility of Alternative Dispute Resolution-Bowers v. Raymond Lucia 2 ADR: The new equity

requires long timing for the disputes to be settled in the court. It may take months and sometimes even years before the case can be brought to the court. Some of the alternative dispute resolutions does not require a third party, or commonly known as negotiation, where it can be seen in Section 13(6) of the Industrial Relations Act, it states that the Director General will come and help both parties if there is refusal to commence collective bargaining. Therefore, the alternative resolution can be conducted faster as the case in the ADR as soon as both parties have agreed to meet with each other to solve the problem. Because of the lengthy trial in legal adjudication, the price of having this legal process is quite pricey. Therefore, having the problem solved in the ADR gives the parties in saving a lot of money. This is mainly because of there are no motions filed or discovery exchanged between the parties. According to Bernstein (1987), he states that the arbitrator is not obliged to order the payment by the one party to another. He also states that the that an arbitrator has not fully performed his duties until he has given the direction of his payment of his fees (Bernstein, 1987).3

3 HANDBOOK OF ARBITRATION PRACTICE

References Bernstein, Ronald. HANDBOOK OF ARBITRATION PRACTICE. London: SweetandMaxwell,1987. Coleman, Kevin C. (2013). Flexibility of Alternative Dispute Resolution-Bowers v. Raymond Lucia. Retrieved from December 6, 2018 from http://kcolemanmediation.com/2013/01/flexibility-ofalternative-dispute-resolution-bowers-v-raymond-lucia/...