Advantages Of Adr Arbitration Process

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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…show more content…
Arbitration is particularly useful where the subject matter is highly technical or where the parties seek greater confidentiality than in an open court. Arbitration may be voluntary, ordered by the court or required as part of a contract same as mediation process. Arbitration process can be a much more formal and structured process than mediation or conciliation. It is more similar to court due to the end of the session the arbitrator will makes a binding…show more content…
Conciliation process often is a part of a court or government agency process. The conciliator may have professional expertise in the subject matter in dispute and will commonly provide advice about the issues and options for resolution. But a conciliator will not make a judgment or decision about the dispute. The role of the conciliators is similar to the mediators such as the conciliator can’t make decisions, tell you what decision to be made, provide counseling and decide who is right or wrong in the process although they are giving suggestions. On the other hand, the conciliators should have specialist knowledge in giving the legal information then give you suggestion and advice on the possible options for sorting out the issues in dispute. The conciliators also actively encourage you and the other participants to reach an agreement. The conciliation process usually held face-to-face but also may have separate sessions with
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