The Importance of Alternative Dispute Resolution

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Alternative dispute resolution (ADR) should be expanded as an alternative to the formal litigation. This is because it offers various decisions outside the legal courts and still the parties involved agree (Sourdin, 45). One example of ADR is mediation, which is assisted negotiation in which the disputing parties agree to the help of a neutral mediator whose role is to facilitate and settle the dispute voluntarily. The mediator will identify issues, discuss the consequences of failure to meet the verdict, and encourage both parties to listen to interests of the other party. ADR mostly focuses on the stages of negotiation, like communication, gathering the disputes, and establishing agreement points (Sourdin, 50). ADR ensures there is just in agreement like any other formal litigation processes. Besides, it will reduce the number of court cases. Therefore, its use should be expanded as it is necessary.

ADR is more beneficial to the common law in several ways. ADR saves a lot of time by coming up with resolutions in weeks, compared to cases in court which take up to years (Sourdin, 65). Also, it saves a lot of money since there are no additional law experts involved. Mainly it put the disputing parties in control in place of lawyers like in the courts, by providing them with the opportunity to narrate their side of the story and even contribute to final decision making (Sourdin, 66). ADR, thus, allows the parties to come creative and flexible decisions by focusing on what each party wants and why. Besides, ADR concentrates primarily on the issues which are significant for both parties instead of focusing plainly on the legal obligations and rights. Also, it maintains the relationships between the parties involved since it does not create a loser or winner like in courts.

Work Cited

Sourdin, Tania. Alternative Dispute Resolution. Rozelle, N.S.W. Thomson Reuters (Professional) Australia Ltd, 2016.

December 12, 2023

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