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The Pros And Cons Of Dispute Resolution

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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 …show more content…

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

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What is Mediation? Prior to the parties getting involved in a mediation session it is understood that the parties are in agreeance to coming together as a means to promote and to bring forward a resolution. Anything that occurs within the session is understood to be confidential and if a party in any way shape or form feels that they no longer want to continue with the process, they have every right to end everything at that point in time. Mediation is a different yet effective way to resolve problems where the parties bring about their own solution to their problem contrary to going in front of a judge or an arbitrator whom will have full control and decide on behalf of you. Mediation helps the parties involved reach a final solution through a mutual and voluntary agreement, this is exactly what makes mediation a process that should be looked into if the situation permits it.

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These are applied by the procedure to enhance the cause of conflict resolution; f) Mediation is a voluntary type of conflict management. This defines the challengers in an intractable issue, select whether to start or prolong mediation or not, and they keep their command over the result of their issue, with their autonomy to accept or refuse any elements of the procedure or the final contract, g) Mediation performs only on an ad hoc basis. Once completed, a mediator departs the field of the conflict. Third party mediation is not confined to mediation by superpower states, such as the United States or Russia. Mediation efforts by small and medium size powers are sometimes a good option (e.g. the Algerian mediation between the US and Iran regarding the American hostages).

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