Alternative Dispute Resolution

Abstract

Alternative Dispute Resolution (ADR) processes are alternative methods of helping people resolve legal problems before going to court. Alternative Dispute Resolution involves an independent third person, called a neutral who tries to help resolve or narrow the areas of conflict. The use of Alternative Dispute Resolution early in a case can result in the more efficient, cost-effective resolution of disputes with greater satisfaction to the parties. A great majority of the civil cases, including marital dissolutions (divorces), filed in state courts are settled by using Alternative Dispute Resolution.

Alternative Dispute Resolution

Introduction

Alternative dispute resolution allows all entities the right to use additional, more convenient and flexible mechanisms to achieve optimal results for the parties in dispute. In the modern scientific doctrine actively pursued the idea of compromise justice and social peace, in which the necessity of rethinking the functions and purposes of the proceedings. The main message of this doctrine: all put forward the goal of reconciliation, rather than the resolution of the case. The founder of this concept, Klein argued that every legal conflict, this is a serious violation of personal relations and civil law, which has a permanent negative impact on community spirit, if not removed as soon as possible (American Bar Association, 1999).

The objectives of alternative dispute resolution are the conciliation, promotion, and the prevention of violations of contractual obligations. The major tasks of alternative dispute resolution is to provide the parties an opportunity of independent settlement their dispute through mutual recognition and the legitimate interests and requirements, and to achieve reconciliation agreement (Brunet, & Craver, 1997). Assist the parties in working out mutually acceptable terms of settlement between them and maintain business partnership. Some of the basic principles of alternative dispute resolution are:

Voluntary

Equality of Arms

Co-operation of the parties

An impartial, neutral mediator or facilitator

Privacy

Discussion

The term alternative dispute resolution has been applied in the United States of America to refer to the flexible and informal procedures for resolving the conflicts arising due to the opposition of heavy and complex procedures arising due to the convolution in the formal justice system of America, it was adopted by the Justice system of United States of America as an alternative to resolve the disputes between two parties. Under the alternative forms of resolving legal disputes and conflicts are understood procedures and methods of resolving disputes (conflicts), which go beyond the formal legal system and within it. The use of alternative dispute resolution does not entail negative consequences for the parties, but rather to allow them to maintain trust and continue business cooperation as a result of the compromise (Hartley, 2002). The use of ADR techniques could be effective in the following cases:

When n is one threat to break the business relationship of the parties are, for the establishment and development have been made costly; ADR in these cases are the most preferred because it is less confrontational than a judicial proceeding in the proof, and to avoid the deterioration of relations;

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