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What is ADR - Essay Example

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As Berger (2000) rightly puts it, “ADR is generally defined as the use f non-litigation process to resolve disagreements to the…
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What is ADR
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Download file to see previous pages Recently ADR gained wide appreciation and legitimacy in modern states too as its applicability and practicability has increased considerably. This paper seeks to explore the various factors associated with alternative dispute resolutions; and special efforts are made to report the legal and social benefits of ADR.
The types of Alternative Resolutions vary according to the nature of disputes and the choice of parties. However, there are certain common ADR options that include both court annexed ADR and private modes. They can be listed as follows;
Mediation must be the most accepted mode of resolution in the United States. This method is also termed as conciliation because the parties themselves resolve their disputes in the presence of a neutral third party. The main feature of this method is that it takes place at the parties’ commitment and the success depends on voluntary initiative to bargain and negotiate. However, the mediator does not impose a final decision over the disputes but only helps parties to reach settlement. Parties enjoy maximum freedom to explain their stories and to disclose their stance. Furthermore, unlike litigation processes, ADR method allows parties to decide their mediator and to design strategies for the resolution. The role of the third party is to create an opportunity for the parties to sit together and to disclose their position to each other. In order to enhance the resolution process, the facilitator may arrange separate sessions as well as joint meetings.
As it is in mediation, arbitration also renders freedom to parties to choose their third party who would hear the disputes. The major difference with the arbitration is that the final verdict of the dispute will be imposed by the third party that is the arbitrator. Although arbitration takes place in private, it is enforceable by the legal system. Therefore, as compared to mediation, parties have less freedom in this mode of ADR. Once ...Download file to see next pagesRead More
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