11+ Alternative Dispute Resolution Templates in PDF | DOC
An array of methods that are used for resolving legal disputes without resorting to the court system is known as an alternative dispute resolution (ADR). It plays an important role in the legal process but it is often overshadowed by the glamorous portrayal of jury trials. This mechanism is capable of providing a substitute for the usual conventional methods of resolving disputes.
11+ Alternative Dispute Resolution Templates in PDF | DOC
1. Alternative Dispute Resolution
wipo.int2. Alternative Dispute Resolution in PDF
shodhganga.inflibnet.ac.in3. Alternative Dispute Resolution Program
energy.gov4. Alternative Dispute Resolution Mechanisms
ide.go.jp5. International Council of Alternate Dispute Resolution
assocham.org6. Arbitration and Alternative Dispute Resolution
intracen.org7. Agency Alternative Dispute Resolution Program
rand.org8. Consultation Alternative Dispute Resolution
lawreform.ie9. Alternative Dispute Resolution under Labour Laws
iosrjournals.org10. Alternative Dispute Resolution Example
phdcci.in11. Optimal Alternative Dispute Resolution
github.io12. Sample Alternative Dispute Resolution in DOC
law.lclark.eduHow Does an Alternative Dispute Resolution Work?
Some common services are utilized by the ADR. The first service is mediation. In mediation, the scheme tries to provide help to both parties in reaching an agreement by making some negotiations. The second service is arbitration in which, the scheme offers a decision on your dispute after analyzing the evidence that is submitted by both parties.
Alternative Dispute Resolution is considered to be quicker and cheaper than court action and there are a lot of schemes that even offer free service to the consumers. The ending process also tends to be less formal than court and does not even require a face to face meeting between the parties, unlike court procedures. It often provides detailed terms that explain what is involved in their process and make a list of any costs if applicable.
Types of Alternate Dispute Resolution
An ADR is meant to provide a confidential and alternative method of tackling legal disputes to avoid going to court. Some of the common types of ADR that are used quite often are conciliation and mediation, arbitration and adjudication.
Conciliation and Mediation
These types generally require an independent trained mediator that helps to ease the communication between the two parties having the dispute with the goal of achieving a settlement or resolution. The mediation refers to the facilitation of communication whereas conciliation, on the other hand, refers to any evaluative methods like making recommendations as to an outcome. It is commonly used for employment situations instead of commercial disputes. It is considered to be a compulsory process before an individual wants to bring a claim.
Arbitration
This type of ADR is considered to be more formal than mediation and includes a process in which the dispute is generally resolved by the decision of an arbitrator. An arbitrator refers to a nominated third party who is qualified to hand arbitration. This process can be particularly useful in disputes which require an understanding of some technical knowledge and where privacy is important.
Adjudication
This type of ADR is normally reserved for disputes which occur in construction contracts. It is a formal process that involves a written Notice of Adjudication which sets out the brief details of the dispute. It also involves an appointment of an agreed adjudicator and serves a referral notice and finally, a decision that is being reached by the adjudicator within 28 days of the referral notice and the decision is final and binding.
What are the Advantages of Alternative Dispute Resolution?
- It is less time-consuming as people resolve their dispute in a short period as it is compared to courts.
- It is considered to be a cost-effective method as it helps in saving a lot of money if one undergoes in the litigation process.
- ADRs are typically free from technicalities of courts and informal ways are applied to resolve the disputes.
- With the help of ADR, people are free to express themselves without having any fear of the court of law. They can even reveal the facts without disclosing it to any other court.
- ADRs are also referred to serve as an efficient way as there are always chances of restoring relationships as parties tend to discuss their issues together on the same platform.
- It helps in preventing any further conflict and also maintains a good relationship between the parties. It also preserves the best interest of the parties.
When Can You Use an Alternative Dispute Resolution?
When it comes to an ADR, it is typically cheaper and faster than entering into litigation and resorting to the courts. It is considered a more efficient method of achieving an outcome as long as communication has not irretrievably broken down between the parties who are at dispute. It also helps in terms of maintaining a degree of privacy compared to the more public method of achieving an outcome. It is also helpful for maintaining a degree of privacy compared to the more public nature of court proceedings.
Conclusion
Although there are few exceptions, an alternative dispute resolution remains the only solution of choice for most of the legal disputes. With the increasing number of the pending civil case continues, ADR methods have helped in reducing the total number of cases that end in a trial by more than 60 percent since the 1980s. You can save your time and money by using an ADR and it keeps the court staff from burning off as well. ADR is getting popular and the notion of “trial” may become a thing of the past.
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