Alternative Dispute Resolution Processes

971 Words Feb 26th, 2018 4 Pages
Formality may influence people to be on the right side of the law and play by the book, it risks imposing its own obstacles to ‘justice’.

The concept of justice is essential to ADR processes. In the framework of ADR, the concept of justice involves the consent of the parties to play an active role in the resolution of their disputes; to assert some degree of control over the aftermath of their disputes and to arrive at a satisfactory, if not excellent settlements of their disputes, with regards to their interest.

3.3 Principles and Mechanisms of ADR

3.3.1 General Principle
Currently there is no particular ADR philosophy that can acknowledge that one specific approach can best suit the true spirit of ADR . Nevertheless, by taking a look at the main aim of ADR, one can establish whether there is one philosophy to ADR and to what extent does it go to. Some of the main aims of ADR are; the principle of solving a problem collectively, enabling of parties, avoiding delays and costs related to traditional litigation, conservation or improvement of personal relationships; mainly business related and simplifying procedures.

The principle of solving a problem collectively is considered to be one of the main objectives of ADR process, however it has been argued that some parties in…
Open Document