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Alternative Dispute Resolution

Alternative Dispute Resolution

by Mohsina Anonna 181-26-180 -
Number of replies: 0



               Alternative Dispute Resolution (ADR) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. 


                 The term "Dispute" in Alternative Dispute Resolutions (ADR) means- "a specific disagreement concerning a matter of fact, law or policy in which a claim or assertion of one party is met with refusal, counter-claim or denial by the other". The term "Resolutions" under the auspices of ADR denotes- "the way of finding solution of a dispute by the agreement of both the parties with some mutually agreed terms". 




               The most common forms of ADR for civil cases are conciliation, mediation, arbitration, neutral evaluation, settlement conferences and community dispute resolution programs. 


                  "Negotiation" involves two parties discussing and compromising to obtain an agreed solution Negotiation is usually carried out without legal representatives, but each party can take their own legal representation to assist. 


                 "Mediation" involves an impartial third party who listens and directs discussion but does not suggest outcomes. 


                 "Arbitration" involves an independent third party who actually makes suggestions and actually imposes a decision on the parties