What are the advantages of setting a dispute by alternative dispute resolution?

Answer 1

ADVANTAGES OF A.D.RThe courts have taken a lot of steps to create and maintain a favorable position towards ADR. The advantages of ADR are discussed below. 1)Speed :The biggest advantage of ADR over the current court systems is the fact that , court trials take a lot of time where the ADR process is swift. It takes less time to reach a final decision. In many jurisdictions around the world it could take months , even years before the dispute can even be heard before the judge, let alone a verdict. And one thing is certain in the legal world where time is money. And this is truer nowhere than in the commercial cases, where more time spent in dispute adds to the overall costs and adversely affects business. The research carried out by Professor Dame Hazel Genn in 1998 showed that mediation was able to promote and speed up settlement. In the number of cases that appeared before the mediation council 62% percent of them were mediated and settled at the pre-trial ADR stage. 2)Cost:The cost side of ADR was the fact that encourages parties to take up ADR on the first place. The court trials involve many lengthy procedures which are both time consuming and costly. This affects both the parties, but in ADR the expenses are kept down, attorney and Expert evidences are costly. The wait in the court and the lengthy procedures drive the costs of justice very high. But ADR offers the benefit of getting the issue resolved quicker and cheaper than court trials that means money is spent less on both the sides. A research by Professor Hazel Genn (1998) carried out in the mediation scheme of the central London county court. Though the research was not substantial it did show that cases mediated , and settled thorough the mediation schemes cost less than cases settled by the court trial process. 3) Flexibility: The flexibility of ADR is a major reason for it's acceptability .for it allows the parties to choose the kind of technique that will govern their meeting. They can choose any relevant industry standards, or any kind of law be it domestic or of a foreign country. Thus making it a standing point that can be easily worked between the parties to put the problems nature and it's result on the parties involved. 4)Accessibility : This alternative method to dispute resolution is more informal than court proceedings, without complicated rules of evidence and the adversarial nature. The adversarial process This process can therefore be less intimidating and less stressful. One example is the small claims track where claims under ₤5000 are heard in the county court. There the district judge will hold an informal and some time inquisitive hearing to decide the dispute amongst both the parties. 5)Expertise Involved :The parties involved in the dispute can have their dispute arbitrated or mediated by a person who is an expert in the relevant field. In an ordinary trial problems involving technical knowledge or procedures that many people cannot understand can make a trial go on for a long time. Also the calling of expert evidence on the basis of providing the necessary information to the judge can cost a lot of money. Not to mention the time spent educating and explaining the judge and the jury about the complex and detailed points of fact that are involved. But if the mediator or arbitrator has a background on the relevant field, it will take a lot less time and money and the parties can easily jump to the core of the subject to easily and swiftly put an end to their discord 6)Conciliation of the Parties : ADR allows the conciliation of the parties to take place and help negate future disputes amongst the involving parties. A very good example is the family disputes. ADR allows both the parties to have an amicable settlement on a equal footing and retain family relationships. This takes place nowhere more than in divorce cases or in the child custody cases. 7) Non involvement of the Jury : A jury is not involved in the ADR process. Juries are unpredictable and often amplify-decrease damage awards, purely according to whether they like the parties or not. they have awarded claimants damages that are well above what they would have received thorough alternative dispute resolution. And they have also done the opposite. Basically avoiding juries means that both parties are more likely to get reasonable damages, if they are due. 8) Closed Meetings: One of the advantages of ADR is it's closed door meetings. Court trials are open and do not offer privacy. This may be undesirable in business disputes, where the parties might not want to disclose information of their companies or high profile cases where publicity can cause mental and physical harm to the parties involved. 9) Customer Satisfaction : The research that was done by Prof: Hazel Genn (2002)showed that in ADR both the parties involved leave with a high level of customer satisfaction. The reason being that the parties get to set up the terms on the grounds upon their dispute is to be settled. 10) Confidentiality Of Results : The results of an ADR meeting can be kept confidential .Thus making it virtually impossible to cause any type of scandals or scoops on newspaper headlines. The parties can agree that information disclosed during negotiations can not be used in later Proceedings and used for future references. ADVANTAGES OF A.D.R The courts have taken a lot of steps to create and maintain a favorable position towards ADR. The advantages of ADR are discussed below. 1)Speed :The biggest advantage of ADR over the current court systems is the fact that , court trials take a lot of time where the ADR process is swift. It takes less time to reach a final decision. In many jurisdictions around the world it could take months , even years before the dispute can even be heard before the judge, let alone a verdict. And one thing is certain in the legal world where time is money. And this is truer nowhere than in the commercial cases, where more time spent in dispute adds to the overall costs and adversely affects business. The research carried out by Professor Dame Hazel Genn in 1998 showed that mediation was able to promote and speed up settlement. In the number of cases that appeared before the mediation council 62% percent of them were mediated and settled at the pre-trial ADR stage. 2)Cost:The cost side of ADR was the fact that encourages parties to take up ADR on the first place. The court trials involve many lengthy procedures which are both time consuming and costly. This affects both the parties, but in ADR the expenses are kept down, attorney and Expert evidences are costly. The wait in the court and the lengthy procedures drive the costs of justice very high. But ADR offers the benefit of getting the issue resolved quicker and cheaper than court trials that means money is spent less on both the sides. A research by Professor Hazel Genn (1998) carried out in the mediation scheme of the central London county court. Though the research was not substantial it did show that cases mediated , and settled thorough the mediation schemes cost less than cases settled by the court trial process. 3) Flexibility: The flexibility of ADR is a major reason for it's acceptability .for it allows the parties to choose the kind of technique that will govern their meeting. They can choose any relevant industry standards, or any kind of law be it domestic or of a foreign country. Thus making it a standing point that can be easily worked between the parties to put the problems nature and it's result on the parties involved. 4)Accessibility : This alternative method to dispute resolution is more informal than court proceedings, without complicated rules of evidence and the adversarial nature. The adversarial process This process can therefore be less intimidating and less stressful. One example is the small claims track where claims under ₤5000 are heard in the county court. There the district judge will hold an informal and some time inquisitive hearing to decide the dispute amongst both the parties. 5)Expertise Involved :The parties involved in the dispute can have their dispute arbitrated or mediated by a person who is an expert in the relevant field. In an ordinary trial problems involving technical knowledge or procedures that many people cannot understand can make a trial go on for a long time. Also the calling of expert evidence on the basis of providing the necessary information to the judge can cost a lot of money. Not to mention the time spent educating and explaining the judge and the jury about the complex and detailed points of fact that are involved. But if the mediator or arbitrator has a background on the relevant field, it will take a lot less time and money and the parties can easily jump to the core of the subject to easily and swiftly put an end to their discord 6)Conciliation of the Parties : ADR allows the conciliation of the parties to take place and help negate future disputes amongst the involving parties. A very good example is the family disputes. ADR allows both the parties to have an amicable settlement on a equal footing and retain family relationships. This takes place nowhere more than in divorce cases or in the child custody cases. 7) Non involvement of the Jury : A jury is not involved in the ADR process. Juries are unpredictable and often amplify-decrease damage awards, purely according to whether they like the parties or not. they have awarded claimants damages that are well above what they would have received thorough alternative dispute resolution. And they have also done the opposite. Basically avoiding juries means that both parties are more likely to get reasonable damages, if they are due. 8) Closed Meetings: One of the advantages of ADR is it's closed door meetings. Court trials are open and do not offer privacy. This may be undesirable in business disputes, where the parties might not want to disclose information of their companies or high profile cases where publicity can cause mental and physical harm to the parties involved. 9) Customer Satisfaction : The research that was done by Prof: Hazel Genn (2002)showed that in ADR both the parties involved leave with a high level of customer satisfaction. The reason being that the parties get to set up the terms on the grounds upon their dispute is to be settled. 10) Confidentiality Of Results : The results of an ADR meeting can be kept confidential .Thus making it virtually impossible to cause any type of scandals or scoops on newspaper headlines. The parties can agree that information disclosed during negotiations can not be used in later Proceedings and used for future references.

Answer 2

Because the "resolution" arrived at requires the cooperation of BOTH parties to the dispute, and the decision arrived at by the mediator is NOT a judgment of a court and cannot be upheld by force of law.