Essay On ADR

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

Consequently, it would appear that justice could only be achieved in mediation and restorative justice for less serious and first time

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