Alternative Dispute Resolution

Running Head : ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution (Name of Student (Name of Institution

Alternative Dispute Resolution

With the advent of modern civilization and technological advances , there is an increase in awareness regarding ones rights and this leads to more disputes amongst individuals . Increase in disputes means increase in litigation and this increased litigation overburdens the existing Court load . This leads to delay in resolving genuine disputes and also increases the expenses faced by the genuine litigants thereby increasing their worries and frustrations . There is thus an urgent need for fair

br and speedy trial processes that would deliver justice when it is really required . Given this factual scenario , it is obvious that the current legal methods are not capable of providing the same and that people would have to devise alternate methods to redress their grievances Alternative Dispute Resolution is a mechanism that has been adopted by many countries across the world in various situations to assure speedy and fair trials to genuine litigants where possible . Here the litigants can by pass the lengthy Court procedures and settle their disputes amicably

Introduction

Alternative Dispute Resolution has been defined as the non-adversarial way of resolving disputes that is being increasingly used in the public and private sectors ( Alternative Dispute Resolution , 2005 . It has been seen that the traditional adjudicatory process often leaves scars in the minds of the litigants . Alternative Dispute Resolution techniques pave a way to minimize the scars caused due to litigation . In Alternative Dispute Resolution , a third party , who is not connected to the entire dispute and can remain unbiased , is often appointed to hear and settle the dispute between the other two . The entire process of settlement in some of the methods of alternative dispute resolution is based on the joint decision of the two parties to the dispute and the person hearing the dispute has no power to decide And even in cases where the third party to the dispute is empowered to adjudicate , adjudication is done in such a way that the parties are not inconvenienced but are made to settle the matter amicably . Hence it is obvious that parties to an alternative dispute resolution would be able to resolve their differences amicably and are satisfied with the entire proceeding

Given this situation , the interest in alternative dispute resolution mechanisms is increasing everyday with an average of about 60 ,000 cases being handled by alternative dispute resolution mechanisms in the United States alone . In fact , it has been seen that various industries are opting for alternative dispute resolution mechanisms for resolving disputes that arise vis a vis their systems and it is also a fact today that some of the laws require that the litigants go through the alternative dispute resolution system before they actually decide to go in for adjudication . A very obvious example of one such law would be the family law which insists that married couples go through the process of counseling before they decide that there is no way but to...