Papia Chowdhury Popy
ID:192-26-1442
Philosophies of ADR
1.Win-win approach as an application of confucianism :
According to Confucius, "A better way to resolve the dispute through persuasion and compromise rather than by coertion through a sovereign authority. This philosophy is reflected in ADR.
In adversarial trial system, lawyers thinks in terms of 'Rights' and not in terms of 'interest' and becomes not to find the best solution for their clients, but to win the case.
Thus,the system of ADR avoids this kind of hostile process,has greater potential to attend a win-win solution which ensure better satisfactions of the interests of the both parties.
2. Integrative approach.