Mar 15, 2023
This paper explains the role of alternative dispute resolution (ADR) in business. ADR provides a cost-effective, timely and confidential method of resolving disputes without resorting to court proceedings. It can be used by businesses in various situations such as employment problems, supply chain issues, contract disputes and other commercial matters.
The use of ADR helps businesses avoid costly litigation expenses and lengthy court proceedings. With ADR, parties have the right to choose their own mediator or arbitrator with specialized knowledge relevant to their specific case. This is beneficial because it helps ensure that the best interests of both parties are taken into consideration while allowing them more control over the outcome than they would have in a traditional court setting. Additionally, ADR allows parties to maintain privacy since the process is conducted in a confidential setting.
ADR methods can be divided into two main categories: facilitative and evaluative. Facilitative ADR processes such as mediation provide an opportunity for parties to reach a mutually agreed upon resolution through dialogue, compromise and negotiation facilitated by a neutral third-party mediator. Evaluative ADR processes such as arbitration allow the parties to present their case before an arbitrator who then makes decisions based on the evidence presented.
Overall, ADR is an effective way for businesses to resolve disputes without having to go through costly litigation or lengthy court proceedings. It provides a more efficient and cost-effective solution while also preserving privacy and allowing parties control over their own outcome. The use of ADR also helps maintain good relationships between parties and increase their satisfaction with the outcome. As such, it is a beneficial tool for businesses to consider when looking to resolve disputes in a timely and cost-effective manner.
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