Group Discussion Board

problems of ADR

problems of ADR

by Tanjin Afrose -
Number of replies: 1

problems of ADR:

There is no guaranteed resolution. With the exception of arbitration, alternative dispute resolution processes do not always lead to a resolution.

  Arbitration decisions are final. 

 Limits on Arbitration Awards. 

 Discovery limitations. 

 Fee for the Neutral. 

 May have no choice. 

Non-binding arbitration. 

 Warning.

Lack of confidence among the parties, lack of awareness regarding advantages of ADR, lack of accountability, shortage of effective and dutiful mediator in case of informal ADR (outside of court), lack of cooperation of lawyers, disconnect between rules and reality are the major legal and administrative challenges.