Sunday, January 5, 2020
Alternate Dispute Resolution And Conflict Resolution
INTRODUCTION Alternate dispute resolution or ADR (commonly called in Australia) is a procedure by which parties in dispute can settle their differences with third parties or any outside source other than the courts. It is a collective effort by which all the parties can settle disputes with or without any outside sources like litigation procedures or courts. In simple words it can be said ADR is a procedure to settle disputes without resorting to the use of litigation or courts. These procedures are generally less costly affair than courts and litigations and are also much more expeditious. ADR is now extensively being used around the world to settle land disputes and commercial disputes. Alternate dispute resolution can be carried outâ⬠¦show more contentâ⬠¦In the decade of 1980ââ¬â¢s and 1990ââ¬â¢s many people became concerned by the fact that legal procedures like litigation and court became too expensive for resolving disputes. They were also concerned about the fact that litigation and court matters became too time consuming and cumbersome for many lawsuits. This concern gave rise to finding alternative ways to settle disputes among parties rather than approaching courts or litigations and this gave rise to alternate dispute resolution (ADR). Arbitration ââ¬â Arbitration is a type of alternate dispute resolution which is used to settle disputes outside of litigation courts. In simple words it can said arbitration is where all parties who are in dispute approach an arbitral tribunal or an arbitrator for settling their disputes. In countries like England and United States of America, arbitration is a very widely used technique in the cases of consumer and employment disputes and related matters. Parties who chose the path of Arbitration for settlement of their disputes should agree to abide by the decision which the arbitral tribunal comes up with. There can be a third party who reviews and imposes decisions which are legally binding and enforceable by the court and litigation. In arbitration only limited number of appeals and rights to review are available for the interested parties. Arbitration can be voluntary or mandatory as well as it can be binding and non-binding as well. Non binding arbitration is very
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