Alternative Dispute Resolution: Practical Guide
When facing a legal dispute, do you really have to go to court? Believe it or not, courts actually prefer when parties to a conflict or dispute use alternative methods to the traditional route of pursuing legal claims through the court system. The argument is for judicial economy, which essentially holds the perspective of reducing the burden on an already overly consumed court system. With fewer cases coming through the court and instead being resolved in other manners, it would relieve the court in both time and resources – which it so scarcely has to begin with.
What Is Alternative Dispute Resolution?
So what is an alternative dispute resolution, also known as ADR? ADR refers to methods, such as mediation and arbitration, employed to resolve disputes instead of pursuing litigation (the process of taking legal action through the court system). Intelligent and creative attorneys who practice mediation and arbitration can be instrumental in resolving clients’ disputes with other parties without having to step a foot in the courtroom. From individual disputes between families or businesses to international corporate matters, alternative dispute resolution can save parties a great deal of headache, hostility, time and money.
Benefits Of Alternative Dispute Resolutions
Legal parties employ alternative dispute resolution in several ways. In most cases, parties that choose the route of mediation or arbitration can save half the cost involved in hiring legal counsel. It also could save the clients a great deal of time. The formal litigation process can be very time-consuming and could last years. If a dispute that can be effectively handled outside of the court system, ADR should be highly considered.
States, companies and organizations across the world are employing alternative methods to dispute resolution more and more. From Europe and North America to Asia and Africa, experts have advocated for alternative dispute resolution. The goal is to help build cooperation, trust and meaningful connections between parties. Justice Adejumo of Nigeria recently expressed his fondness of the establishment of an ADR center in his country. “It provides a platform for the robust-in-thought and a clearing-house for multi-faceted industrial and workplace disputes. There is no doubt that the center will be able to transform conflicts into cooperation. In addition, mistrust into trust, and alienation into meaningful human connectedness. Thereby promoting Industrial and peace and sustainable development in Nigeria.” Employing ADR internationally, and here at home, is key.
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