Analysis Alternative Dispute Resolution

1946 Words Sep 3rd, 2007 8 Pages
Discuss the processes available in alternative dispute resolution and explain its advantages and disadvantages.

Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties ' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception
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Normally Direct ‘negotiations ', which aren 't really a structured mechanism, initiate from one party implementing a settlement on the other party instead that the parties continue by way of negotiation to a consensual resolution. We can say that in Direct negotiations there is no third party who assists the resolution process or imposes a resolution.
Both Conciliation and mediation initiate in an agreement among the disputants to call in the help of a facilitator to aid in the structuring and conduct of settlement negotiations which will comprise, as part of their nature, private consultations with each disputant. Usually no one has an authority to impose a solution on the disputant this includes judges, arbitrators and facilitators. A third party that is the mediator is in the mediation process, he/she facilitates the resolution process(and may even suggest a resolution, typically known as a "mediator 's proposal"), this however does not inflict a resolution on the parties. In Australia ADR is mediation because after all mediation is a process of ADR. The distinction among the processes lies in the position of the third-party facilitator whose role may be submissive this means to find a consensual agreement without providing opinions by isolating the issues of
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