Arguments for and against the use of Alternative Dispute Resolution

This article supports a theory that explains the Alternative Dispute Resolution. Alternative Dispute Resolution processes are used to resolve the dispute outside the court. Alternative Dispute Resolution processes have become a major part of dispute resolution. In this article we will discuss the advantages and disadvantages of Alternative Dispute Resolution process.

In first paragraph we will see the introduction of Alternative Dispute Resolution, in second paragraph we will discuss about the types of Alternative Dispute Resolution processes, we will discuss the advantages and disadvantages of Alternative Dispute Resolution in third and forth paragraph respectively. Resolve the dispute informally is called Alternative dispute resolution (ADR). In this process the parties meet with a professional third party who assists them in resolving the dispute. It is a less formal and often more consensual way to resolve the dispute than is done in the courts.

Dispute resolution processes and techniques in Alternative dispute resolution (ADR) fall outside of the government judicial process. In some last years Alternative dispute resolution has obtained extensive popularity among both the general public and the legal profession. Now courts give suggestion to some parties to take their case in Alternative dispute resolution units. Popularity of ADR can be explained with the decreasing load on the courts. Negotiation, mediation, collaborative law, and arbitration are the main types of ADR. In negotiation parties resolve the dispute themselves; there is no third party to provide resolution process.

Third party is present in mediation that provides the facility of the resolution process. This third party is called mediator. It only suggest a resolution, it cannot impose it. In collaborative law, also known as collaborative divorce, an attorney is contained by each party that facilitates the resolution process on the basis of specifically contracted terms. Parties reached at an agreement. , participation is typically voluntary in arbitration. There is a third party, called private judge, impose resolution. Arbitration is generally used when there is a dispute on the agreement signed in collaborative law.

This is known as a ‘Scott Avery Clause’. In recent years it is enforced. Beyond these basic types of alternative dispute resolutions case evaluation, early neutral evaluation, family group conference, neutral fact-finding, and ombuds are other different form of ADR. The Interstate Commerce Act of 1887, the Federal Arbitration Act of 1925, Railway Labour Act of 1926, the Civil Rights Act of Administrative Dispute Resolution Act of 1996, and Alternative Dispute Resolution Act of 1998 are some acts passed by the Unites State government. Passing of these acts shows that ADR is a better way to resolve the dispute.