Extrajudicial Dispute Resolution
Some use the term dispute resolution to refer only to alternative dispute resolution (ADR), that is, extrajudicial processes such as arbitration, collaborative law, and mediation used to resolve conflict and potential conflict between and among individuals, business entities, governmental agencies, and (in the public international law context) states. ADR generally depends on agreement by the parties to use ADR processes, either before or after a dispute has arisen. ADR has experienced steadily increasing acceptance and utilization because of a perception of greater flexibility, costs below those of traditional litigation, and speedy resolution of disputes, among other perceived advantages. However, some have criticized these methods as taking away the right to seek redress of grievances in the courts, suggesting that extrajudicial dispute resolution may not offer the fairest way for parties not in an equal bargaining relationship, for example in a dispute between a consumer and a large corporation. In addition, in some circumstances, arbitration and other ADR processes may become as expensive as litigation or more so.
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Famous quotes containing the words dispute and/or resolution:
“As for the dispute about solitude and society, any comparison is impertinent. It is an idling down on the plane at the base of a mountain, instead of climbing steadily to its top.”
—Henry David Thoreau (1817–1862)
“Some hours seem not to be occasion for any deed, but for resolves to draw breath in. We do not directly go about the execution of the purpose that thrills us, but shut our doors behind us and ramble with prepared mind, as if the half were already done. Our resolution is taking root or hold on the earth then, as seeds first send a shoot downward which is fed by their own albumen, ere they send one upward to the light.”
—Henry David Thoreau (1817–1862)