ADR

ADR

by Mohammad Sayem -
Number of replies: 0

"" Dispute "" 

(A fact is properly said to be in dispute when it is alleged by one party and denied by the other, and by both with some show of reason.) 

In other words:- A dispute is a problem to be solved, together, rather than a combat to be won.

"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. Negotiation is not binding.

"Mediation""

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



"Arbitration"

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



(Advantages of 'ADR')  The advantage of 'ADR' is that it does not take a long time like ordinary litigation.  It provides speedy and cost-effective resolution of disputes through common procedures. 

 It is said, 'ADR' is simple, fast and cheap - it is non-adversarial.   In this flexible nature of proceedings, the parties' statements are kept confidential.

 Disputes are usually settled by those who are experts in the dispute.  Hence the parties were able to obtain the desired remedy.  Both sides win. 

 As a result the existing hostilities between the parties came to an end.  The litigants are given an opportunity to present their statements in an open environment before the mediator.

  Therefore, a decision can be made quickly by the opposition.  This solves the tangle of the case.  Plaintiff gets refund of filing court fee along with plaint  which is impossible in conventional judicial system.

"""Differences between ADR and traditional  judicial system."""

In the traditional  judicial system, adversarial relations are created between the parties.  On the other hand, ADR is a consensual, cooperative, conciliatory, amicable, conciliatory, win-win mechanism.  In the traditional justice system, one party wins the case and the other party loses.  The aggrieved person then files an appeal or revision against the judgment or order in the higher court.  In this the dispute between the parties hangs for a long time and eventually the said dispute continues through generations.  On the other hand, dispute resolution through ADR is a win-win for both parties.  Disputes are settled foreve