Alternative dispute resolution? (ADR)
A simpler way to resolve problems and disputes where parties cannot reach agreement but wish to avoid Court proceedings.
ADR is increasing in popularity such that there are now regulations relating to some ADR processes.
The benefits of ADR
- Most ADR is investigatory. The problem is researched and not simply determined on the basis of conflicting evidence produced by opposing parties.
- It is private avoiding adverse publicity possibly damaging to reputations.
- The cost may be cheaper than Court proceedings.
- The procedure for resolving the dispute, and the timescale for the procedure, can be fixed by reference to what the parties find convenient.
- The process can be less confrontational and may preserve relationships where parties wish to have continuing professional or personal relationships once the dispute is resolved.
- The process may resolve the entire dispute or certain aspects of the dispute which can reduce any later Court proceedings making them less costly.
- The range of achievable solutions is wider than Court proceedings. The procedure may be designed to achieve specific types of solution which the parties find acceptable but which may not be possible from Court proceedings.
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