Alternative Dispute Resolution Essay Example | Topics and Well Written Essays - 3750 words

Alternative Dispute Resolution - Essay Example Anyway, there is no harm in so doing. Mediation is actually a class or a form of an alternative dispute resolution process.2 ADR therefore is the generic term. Arbitration, however, has a different meaning. We have to take notice of the variance because the case to be analyzed is also criticized for not distinguishing arbitration from mediation, although that aspect will not be included in this paper. Stated in another way, ADR is a collective description of methods of resolving disputes otherwise than through the normal trial process. It is one of several ways to resolve disputes outside the ambit of the courts or to make an attempt to settle the case if possible. It is a procedure where the parties are therefore given a chance to amicably patch up their differences over a certain dispute. This has to be done in view of the prospect that those involved in a controversy may be able to mend things without going to the court for a full-blown trial. That is why it is considered an alternative solution, meaning that it will take the place of court proceedings if the parties agree. The most logical reason for ADR is to stop the further clogging of cases in tribunals or judicial bodies and agencies. Courts all over the world are confronted by the humongous predicament of so many pending matters for the action or resolution of the judge or panel of judges.3 Why must the courts be unclogged of cases The simple answer to this is to give more quality time to the judges in deciding or resolving suits and other incidents brought before them for judicial determination. If judges have limited time to so decide or resolve, they cannot prepare good and well-studied rulings compared to when they have ample opportunity. From a macro viewpoint, decisions which are crafted under deadline pressures will not serve the ends of justice. It will become a matter of what is haste is waste. If courts are to make good decisions in a loaded environment, what will happen is that the more recent filings will have to wait. Resultant of that will be the slow disposal or resolution of cases. Of course, public opinion frowns upon tardy decisions under the caveat that justice that is delayed is like justice that is denied. A grievance that is addressed but not expeditiously as normally expected is the same as if there was no redress at all.4 How can ADR help the unclogging of cases in the courts The more cases that are resolved in the ADR or mediation level, the lesser the cases that will be forwarded to the courts for hearing or trial. Such a situation will give more elbow room and latitude for the judges in dispensing their functions more efficiently, effectively and speedily. What are the advantages of ADR Firstly, in resorting to the mediation process, the parties save on time, money and efforts if they finally come to an amicable settlement. And secondly, the hostilities among the enemies are reduced if not totally removed and amity, if there was any, is restored once the compromise agreement shall have been concluded. Halsey, in its paragraph 15, citing the distinguished Lord Justice Brooke in the case of Dunnett v Railtrack, credited skilled mediators for having achieved satisfactory results in many cases than could have been achieved in court proceedings.5 Taken altogether, the attendant features surrounding the use of the ADR process indicate that it is for the public