Mst.Lima Akter

Id:191-26-1306

Alternative Dispute Resolution (ADR) refers to various methods used to settle disputes outside of traditional litigation. ADR includes techniques such as mediation, arbitration, negotiation, and conciliation. While ADR has gained popularity in recent years due to its potential benefits, it also faces several challenges and prospects. Let's explore them in detail:

Problems of ADR:

1. Lack of enforceability: One of the primary challenges of ADR is the potential lack of enforceability of the decisions reached through these methods. Unlike court judgments, which can be enforced by the legal system, ADR outcomes may not have the same level of enforceability. This can lead to difficulties in ensuring compliance with the agreed-upon terms.

2. Inequality of bargaining power: ADR processes may involve parties with different levels of power and resources. If one party has significantly more power or resources than the other, it can create an imbalance during negotiations or arbitration proceedings. This can undermine the fairness and effectiveness of ADR methods.

3. Limited legal precedents: ADR processes are often confidential, and the outcomes are not always publicly available. As a result, there may be a scarcity of legal precedents or case law that can guide future disputes. This can make it challenging for parties to assess the potential outcomes of their dispute and may result in inconsistent decisions.