Alternative Dispute Resolution ( Adr )

Alternative Dispute Resolution ( Adr )

Introduction

Since litigation particularly in High Court is both expensive, time consuming and also the disadvantage of process being conducted to the public. Different parties with disputes have sought after other means of dispute resolution which is generally known as alternative dispute resolution (ADR).

Alternative dispute resolution is basically a way of solving civil dispute. It is the collective term for the ways that parties settle civil disputes, with the assistance of an autonomous third party and without the need of a court hearing which often leads to a mutual understanding between both parties. In situations where mediation does not decide the case, a variety of other options which includes conciliation, arbitration, adjudication and private judging which is a rare option of ADR. Regardless of the historic opposition to ADR by many parties and their advocates, ADR has since gained widespread acceptance among both the public and the legal profession in contemporary years. In addition to this, courts now advice some parties to resort to ADR which includes mediation before approving the parties' cases to be tried in court. The first practical use of alternative dispute resolution procedures began in the 1970s as a possible way for the disabling court backlogs and also a way to resolve environmental and natural resource disputes. In 1985, the Attorney General issued a directive identifying the need for ADR to drastically reduce the time and cost of litigation.

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