Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.
Read more about Alternative Dispute Resolution: Types and Features, The Association For International Arbitration
Famous quotes containing the words alternative, dispute and/or resolution:
“If you have abandoned one faith, do not abandon all faith. There is always an alternative to the faith we lose. Or is it the same faith under another mask?”
—Graham Greene (1904–1991)
“Your next-door neighbour ... is not a man; he is an environment. He is the barking of a dog; he is the noise of a pianola; he is a dispute about a party wall; he is drains that are worse than yours, or roses that are better than yours.”
—Gilbert Keith Chesterton (1874–1936)
“It is a part of the American character to consider nothing as desperate; to surmount every difficulty by resolution and contrivance.”
—Thomas Jefferson (1743–1826)