What is Alternative Dispute Resolution

The main difference between the two is that in arbitration the decision comes from the third party while in mediation the decision comes from both of the disagreeing parties as form of acquiescence and the mediator is not allowed to impose any decision.

Also known as External Dispute Resolution in some countries around the world, the alternative dispute resolution or ADR involves a set of techniques and processes that aim to and allow differing parties to come to an accord without or before resorting to litigation.





There are four major types of ADR: arbitration, negotiation, collaborative law and mediation. Conciliation is sometimes added as a fifth major type of ADR while other times it's considered as a form of mediation. Several other types of ADR include collaborative divorce, conflict resolution, dispute resolution, online dispute resolution, party-directed mediation and restorative justice. Among all of these mentioned, the most commonly used type is the mediation. At present, several courts require disagreeing factions to resort to mediation first before allowing their case to be tried.

Read More of This Article

Arbitration and mediation as forms of ADR and legal advice continue to be considered as a legitimate technique, the disputes tend to be fixed outside of court. In both forms, disagreeing sides consider their points to one or maybe more persons-arbitrators/arbiters/arbitral tribunal for the former and mediators in the latter.



Source: http://www.submityourarticle.com



Permalink: http://www.submityourarticle.com/a.php?a=137344