Explain the role of alternative dispute resolution and identify two different forms currently used in civil disputes.

Answer 1

Alternative dispute resolution (ADR) refers to a wide range of processes and techniques used to resolve conflicts or legal disputes outside of traditional courtroom litigation. ADR methods are generally considered to be faster, more cost-effective, and less adversarial compared to litigation. The role of ADR is to provide parties with a more flexible and collaborative approach to resolving their disputes by encouraging open dialogue and negotiation between all involved parties.

Two different forms of ADR currently used in civil disputes include:

1. Mediation: Mediation involves the use of a neutral third party, known as a mediator, who assists disputing parties in reaching a mutually acceptable resolution. The mediator facilitates communication and helps parties understand each other's perspectives. Mediation is a voluntary process that allows parties to maintain control over the decision-making and outcomes of their dispute. It is widely used in various civil disputes, such as family law matters, workplace conflicts, and business disputes.

2. Arbitration: Arbitration is a more structured ADR process in which a neutral third party, known as an arbitrator, listens to both sides of a dispute and makes a binding decision. This decision, known as an arbitral award, is enforceable and legally binding on the parties involved. Unlike mediation, arbitration tends to be less informal and more similar to a courtroom proceeding. It is often used in commercial disputes, construction disputes, and international disputes where the parties have agreed to resolve their disagreements through arbitration.