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Alternative Dispute Resolution Essay

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In an attempt to overcome some traditional problems associated with the court system like lack of accessibility, delays, costs, ignorance and intimidation, government, community and the business have turned to alternative methods of dispute resolution via channels such as tribunals and alternative methods of dispute resolution. The most common types of alternative methods of dispute resolution for civil cases are mediation, conciliation and mediation. These methods of ADR are becoming increasingly popular mechanisms to resolve disputes. ADR process would save time costs, can resolve the disputes in confidence and also that it will not create animosity sometimes. In Malaysia, the two most commonly used are mediation and arbitration. This ADR process can be confusing, but remember that it does not really matter what the process is called as long as it helps to sort out the problem in an appropriate way. …show more content…

ADR process can save a lot of time and cost by allowing the resolution within weeks or months when compared to court which can take years. The courts decide disputes but do not necessarily resolve them. However, the ADR allows parties to be more creative than a court can be in fashioning resolutions or remedies. The ADR will keep result to be confidential while the court could not be confidential since the court proceedings take place in a public forum. Besides, the ADR allows parties to discuss and confront cultural and emotional issues that may be at the heart of the problem but would probably be deemed irrelevant in a trial. The ADR should be used in any particular case is depends on the willingness of the parties to make a good faith effort to settle their disputes and the nature of the ADR process. Therefore, the ADR process always be achieved high degree of

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