Separate claims

There is no need for separate claims. Means it avoids the extra expense of separate claims. ADR processes provide creative solutions for resolving disputes which help in improving healthy relationships between parties. On the other hand the courts can only give order one party to pay another. Court has a long waiting list, but in ADR system there is no waiting list. A specialist can be used as a private judge to resolve the dispute. That judge would be able to give a reasonable solution which will be acceptable to the parties involved. But a court judge only has knowledge about law.

Everything has two aspects good and bad. ADR does have only advantages. It has some disadvantages also. All the cases cannot be resolved by this approach. Some cases and some complaints should go court or police. ODR is not satisfactory. It is not effective because there are no domestic remedies available to disputing parties. Some critics say that ADR provides "second-class justice. " According to them the people, who cannot afford to go to court, use ADR process to resolve their dispute. Because of the cooperative nature of ADR one party cannot win a case in fully manner.

According to them ADR is just a settlement and agreement. Compromise is encouraged by ADR. Compromise is not a bad idea to resolve a dispute, but it is not appropriate for others. Another disadvantage is that ADR resolve the dispute privately, not publicly. It has no government records. They are not exposed into public. This may be a cause of concern in future. In courts cases are exposed in front of public and they have government records also. For example the case of the harmful products produced by a company can be resolved out side the court, without exposing it into the public.

On the other hand it can also be resolved by the court which can force company to remove all the problems in that product or to remove that product from market and it would be officially and publicly. If a dispute is not resolved by ADR then parties have to go to the court. This will waste the time and cost compared to taking a dispute direct to the courts in the first place. One side can be able to dominate the other in some situations, for example in employment and divorce cases. Outcome of a dispute cannot be predicted easily through ADR. ADR system is not legally binding. There is a need of enforcement.

References

Alternative dispute resolution. (2008). Retrieved November 4, 2008. from http://www. liv. asn. au/public/legalinfo/adr/ Spangler, B. (2003). Alternative Dispute Resolution (ADR). Retrieved November 4, 2008. from http://www. beyondintractability. org/essay/adr/ Alternative Dispute Resolution. (2008). Retrieved November 4, 2008. from http://www. helpwithlawexams. co. uk/adr. html Alternative dispute resolution - is it worth it?. (2001). Retrieved November 4, 2008. from http://www. findlaw. com. au/article/420. htm

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