Alternative Dispute Resolution Or Adr

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Alternative Dispute Resolution or ADR is used as a blanket term for processes, other than judicial determination in which an impartial practitioner assists stakeholders of a dispute to resolve the issues between them. The ultimate objective being the satisfaction of both parties through a mutually desired and binding outcome. Nevertheless, recent speculation has arisen in the legal spectrum upon whether ADR services are actually prioritising fair, just and equitable outcomes for stakeholders as opposed to litigation in the Family court. In accordance with the Australian Family Law Courts, it is a requirement that parties in disagreement must exercise genuine effort in resolving their issues before applying for a court hearing pursuant…show more content…
Moreover, due to voluntary participation, a generally consensual and collaborative environment is fostered. The ensuing reduced hostility aided by the professionalism of a mediator preserves and possibly enhances strained relationships which is an integral interest of the families in dispute. However, the use of these consensual methods do bring about certain noteworthy limitations such as being used as a stalling tactic by either party as well as not operating on a system of precedent. Effectively signifying that two disputes with similar factual circumstances may be treated completely differently and thus inequitably in the eyes of the law. The most alarming issue arises where good faith cannot be compelled, resulting in imbalanced agreements based on unreliable facts. Ultimately, facilitation remains favourable amongst family disputes because agreements are likely to have more secure commitment as decisions are made absent to an intimidating court process and ideally satisfy both parties. The remaining common method of alternative dispute resolution, before litigation through the court system is arbitration. Although, in the general sense it is primarily used for commercial and workplace disputes where a fast and enforceable decision is required , as opposed to family cases. Nonetheless, the process is essentially similar to the advisory system of expert appraisal, where an independent expert is
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