Alternative Dispute Resolution (ADR) refers to a set of procedures and processes used to resolve disputes outside of traditional litigation. The primary objective of ADR is to provide a way for parties to resolve their disputes amicably with the help of a neutral third party without resorting to lengthy and costly court proceedings.
Advantages of ADR :
1. ADR processes are generally quicker than court proceedings.
2. ADR can be significantly more cost effective than going to court.
3. In ADR parties have a more active role in the resolution process.
4. Mediators and arbitrators in ADR processes are usually professionals with specialized knowledge and experience in the subject matter of the dispute.
Disadvantages of ADR :
1. Unlike court decisions ADR outcomes generally do not create legal precedents.
2. ADR process may not provide the same extensive discovery procedures as formal litigation.
3. ADR outcomes may not always provide the full range of remedies available through the court system.
4. In some ADR processes the right to appeal the decision is limited or not available at all.