The Pros And Cons Of Dispute Resolution

Disputes are unavoidable. Their impact can be out of all proportion to their substance. At best they distract; at worst, they destroy relationships and businesses. Litigation is the most recognized form of dispute resolution throughout the world. Attempts have been made and continue to be made, to speed up the litigation process and to reduce the cost but litigation remains an expensive and time-consuming way to resolve disputes. In fact the value of many disputes exceeds by the eventual cost of resolution and the time taken to obtain a decision is often measured in years and not months.
In many countries, including Pakistan, the judicial system can no longer cope with its caseload or offer cost-effective procedures for resolving disputes. Arbitration has been introduced to overcome some of the problems encountered in litigation; unfortunately

ADR as a term covers the whole range of alternatives to litigation, which involve third party intervention to assist resolution of a dispute. In some treatises, arbitration is also referred to as part of ADR. It was, of course, the first well-developed “alternative” to litigation but over the years its utility has reduced because of the time and cost it takes and is sometimes more than the litigation process.
Many of the techniques brought together under the term “ADR” have deep and separate roots. For example, in many civil law or Asian judicial systems, the adjudicator has, by custom or duty, attempted to settle claims by conciliation. All require distinct approaches, but the principle of a neutral third person assisting the parties to find their own solution is common to most. Amongst ADR techniques, mediation has proved to be the most flexible, powerful, user friendly and most commonly used ADR process. Many people now use the terms ADR and mediation interchangeably, although ADR encompasses a range of techniques, only one of which is