Advantages Of Alternative Dispute Resolution

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Advantages of ADR mechanism

Alternative Dispute Resolution is based on more direct participation by the disputants rather than being run by lawyers and Judges. This type of involvement is believed to increase people’s satisfaction with the outcome as well as their compliance with the settlement reached. Most ADR processes are based on an integrative approach. They are most co-operative and less competitive than adversarial court based methods like litigation. For this reason, ADR tends to generate less escalation and ill-will between parties. This is a key advantage in situations where the parties must continue to interact after settlement is reached, such as in matrimonial cases or Labour-management cases. Following are the advantages of
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Where a dispute involves difficult legal points a mediator or an arbitrator is unlikely to have the same legal expertise and knowledge as a judge. Disputes can be of various situations such as- commercial conflicts, social conflicts, legal conflicts and many others which require specialized mediator. Most of the cases the mediator possess a judge’s point of view.
8. Thus ADR sometimes raises the question of biasness of arbitrator’s decision. Also there is very limited opportunity for judicial review of an arbitrator’s decision. A court might also overturn an arbitrator’s decision if its decided issues were not within the scope of the arbitration agreement.
9. Alternative Dispute Resolution generally resolves only issues of money or civil disputes. Alternative Dispute Resolution proceedings will not result in injunctive orders. They cannot result in an order requiring one of the parties to do or cease doing a particular affirmative act.
11. ADR generally proceeds without protections offered to the parties in litigation, such as those rules governed through discovery. Courts generally allow a great deal of latitude in the discovery process, which is not active in alternative dispute resolution.
12. Define, refine, establish and promote a legal
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Moreover international centre for alternative dispute resolution (ICADR) was established 1n 1995 under the ministry of law and justice for the promotion and development of ADR facilities and techniques. The ICADR covers almost all kinds of dispute such as civil, commercial, labor and family disputes by means of one of the following methods such as negotiation, mediation, Conciliation, Arbitration and Mini-trial. Recently, in 2001 the Indian institute of mediation and arbitration was established as non-profit organization group by means of businessman and professionals and provides facilities for the domestic and international commercial

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