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Advantages and importance of Alternative Dispute Resolution
Justice in the Legal System Essay
Advantages and importance of Alternative Dispute Resolution
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The resolution of disputes through alternative dispute resolution mechanisms has gained momentum over recent decades. It has increasingly occupied space in the academic literature as the “new” method to achieve “justice” for disputing parties. It is important to note that a variety of definitions of “justice” can be relied upon. However, in many cases, justice will mean the parties being able to resolve their dispute fairly, justly and amicably by applying law or legal principles. Traditional legal mechanisms for resolving disputes have been increasingly questioned as to whether they are actually capable of achieving justice in individual cases.
The value of ADR is that it allows parties to depart from the formal structures of the law to
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Consequently, it would appear that justice could only be achieved in mediation and restorative justice for less serious and first time …show more content…
The ADR framework has emerged from being classified as an ad hoc means to resolve disputes to becoming a more mainstream form of justice where parties increasingly opt for ADR as the means to resolve future dispute instead of traditional forms of justice. However, a concern of the increasing resemblance of ADR to traditional forms of justice leaves a question as to whether ADR has currently evolved into a new form of traditional litigious justice. It may be argued that the definition of justice shifts considerably between the three areas but a common theme is identifiable. Mediation provides a substantial amount of cases with the opportunity to pursue a resolution to their dispute in a way that is fair, just and agreeable between the parties that are not necessarily evident in court procedures. The ability of the mediation to allow the disputing parties to tailor justice to meet their own particular needs can be regarded as being an extremely positive development. The increasing reliance on ADR, including mediation, within the traditional confines of justice systems can be regarded as the means of the courts being able to manage their caseloads so that parties are not exclusively relying on the courts to impose settlements. But, there is a key concern which may require further research. The ADR processes may be
Ulrich, G. (1999). Widening the circle: Adapting traditional Indian dispute resolution methods to implement alternative dispute resolution and restorative justice in modern communities. Hamline Journal of Public Law and Policy. 20, (2), 419-452.
Alternative dispute resolution (ADR) is an option to resolve this dispute. An ADR can solve a dispute in other meanings. If using ADR it will keep all cases and files confidential, and will help trying to maintain a friendly business in the process. You can also use the ADR by negation.
An Alternative Dispute Resolution is an act that means for disagreeing parties that couldn’t solve their issues or still haven’t find the way out of the issues. It is a collective term for the ways that the parties will come to an agreement which everyone agrees on with or without the help of the third party. Usually some courts use parties to help them in some cases. Usually Alternative Dispute Resolution is the support term of the process. In which an impartial person from the Alternative Dispute Resolution which is an Alternative Dispute Resolution practitioner. That various person will assists to those who has the problem or the issues or dispute to resolve the problem or the issues between them. Alternative Dispute Resolution commonly use for abbreviation for Alternative Dispute Resolution but, it can also be used as to assist the issues which leading them to the conclusion and the decision.
In conclusion, traditional litigation systems and arbitrary or alternative dispute resolution techniques offer ways of dealing with business disputes. However, litigation systems are expensive, time-consuming, and rigid and have many risks including lack of confidentiality. On the other hand, arbitration is less time-consuming, cheap and flexible because it allows parties to draft their own arbitration agreements. Therefore, arbitrary dispute resolution (ADR) techniques are preferable for businesses.
The Constructor (2014). Alternative Dispute Resolution Techniques Resolving Disputes Without “Going to War”: Frost Brown Todd Law Firm. Retrieved May 4, 2014, from http://www.frostbrowntodd.com/resources-01-22-20071.html
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
Legal Information Institute. (n.d.). Alternative Dispute Resolution. Retrieved May 16, 2014, from Cornell University Law School: http://www.law.cornell.edu/wex/alternative_dispute_resolution
This essay analysis Alternative Dispute Law and more specific mediation and arbitration sections. Mediation and Arbitration is part of Alternative Dispute resolution. In first part I will try explain the term without prejudice and its legal implications in the case of Unilever plc v The Procter & Gamble Co - [2001] 1 All ER 783. In the judgment of Robert Walker LJ in Unilever plc v The Procter & Gamble Co [2000] 1 WLR 2436 was described the most important exceptions to the without prejudice rule. Also there is analysis of mediation principle and received experience of mediation in the ADR lecture. Additionally analyzed Arbitration and more precisely Arbitrators impartiality and independence.
& Cheeseman, H., 2014, p. 214). The most common forms of ADR are negotiation, mediation, conciliation, mini-trial, fact finding, and judicial referee. (Goldman, T. & Cheeseman, H., 2014, p. 214). The most common forms of ADR are Arbitration and Mediation. Arbitration is defined as “a form of ADR in which the parties choose an impartial third party to hear and decide the dispute. This can be both binding and non-binding” (as cited in Goldman, T. & Cheeseman, H., 2014, p. 215). Mediation is the other most common form defined as “a form a negotiation in which a neutral third party assists the disputing parties in aching a settlement of their dispute” (as cited in Goldman, T. & Cheeseman, H., 2014, p.
Canada is a diverse country and is home to approximately thirty seven million people. Due to the large number of citizens, Canada is a complex society with a variety of rights, freedoms and obligations. Therefore, it is inevitable for conflict to arise through daily interaction between people. Conflict can be defined as a state of disharmony resulting from opposing views or incompatible positions/interests. Many people think that adjudication is the only mechanism to solve conflicts, but there are many alternative dispute resolution processes. Adjudication is a time consuming process, is expensive, only one party can win and it destroys relationships. Mediation has been a popular alternative to adjudication because the mediation process is
It appears that, we might do well to heed Lincoln’s advice to lawyers – “"Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often the real loser - in fees, expenses, and waste of time.”
" It is not in truth Alternative'/ It is not in Competition with the established judical system. It is an Additional range of mechanisms within the overall aggregated mechanisms for the resolution of disputes. Nothing can be alternative to the Sovereign in the discharge of the responsibility of resolving disputes between state and citizen or between citizen and citizen. WE can however, accommodate mechanisms which operate as additional or subsidiary processes in the discharge of sovereign's responsibility. These enable the court system to devote its precious time and resources to the more solemn task of administering justice in the name of sovereign." (Street, The language of alternative dispute resolution' (1992) 66 Australian Law Journal, 194)
It is argued that the key factor in ADR application is that all it’s’ method are designed to assist the disputing parties resolve their differences in a manner that is creative and most suited to the particular dispute. Yet these achievements are not sweeping enough to conclude that the adversarial procedures are irrelevant. Though some people see ADR methods as supplanting the adversarial system, but these thoughts could only hold water where the courts in many jurisdictions are unable to resolve all disputes in a manner appealing to litigants, but until then ADR methods will be designated as collaborative dispute resolution system with the conventional litigation system.
India is recognized as a country having a long history of mediation due to the existence and development of different forms of mediation to resolve business dispute since the pre-British India . In 1947, the concept of mediation/conciliation received legislative recognition in India for the first time in the Industrial Disputes Act which imposed the duty of conciliator to mediate and promote the settlement of industrial dispute. In 1996, an independent law regulating international commercial mediation, namely Arbitration and Conciliation Act, was adopted by Indian Parliament. It is also the first independent rule on international commercial mediation in Asia. In addition, Section 89 of the Code of Civil Procedure 1908 amended in 1999 provided for reference of cases pending in Courts to ADR which included mediation. Likely, due to the implementation of various mediation systems to resolve land, commercial or labor disputes since 1922, a special act regulating the court-based mediation proceedings was promulgated in Japan, namely Civil Conciliation Act (Minji Chotei Ho, Act No.222). Moreover, to encourage to development of private mediation proceedings, on 1 December 2004, the Act on promotion of use of Alternative Dispute Resolution was issued, which was followed by an Ordinance of the Ministry of Justice on 28 April 2006 and an Order of the cabinet. This
‘A dispute is a problem to be solved, together, rather than a combat to be won.’