Group Discussion Board

Problem and prospect of ADR

Problem and prospect of ADR

by Md Rasel Ahammed -
Number of replies: 1

Alternative Dispute Resolution (ADR) has both problems and prospects:

Problems:

1. Lack of awareness: Many people are not aware of ADR methods like mediation or arbitration, leading them to resort to traditional litigation, which can be time-consuming and expensive.

2. Enforcement issues: Sometimes, parties may not comply with ADR decisions, making it difficult to enforce agreements reached through ADR.

3. Imbalance of power: In certain cases, there can be a power imbalance between parties, affecting the fairness of the ADR process.

4. Limited scope: ADR may not be suitable for all types of disputes, particularly those involving complex legal or public policy issues.




Prospects:


1. Cost and time efficiency: ADR methods generally cost less and resolve disputes faster compared to traditional litigation.


2. Informality and flexibility: ADR allows parties to have more control over the process and explore creative solutions that may not be possible in court.


3. Preserving relationships: ADR can help preserve relationships between parties since it encourages communication and cooperation.


4. Relieving court congestion: By diverting cases from the court system, ADR can help reduce the burden on overloaded courts.