Arbitration and Mediation as Alternative Methods of Dispute Resolution

Alternative Dispute Resolution
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Alternative Dispute Resolution
Alternative Dispute Resolution is one of the most common modes of resolving disputes. This method helps parties to reconcile their differences in most arguments where the subject matter at hand is reconcilable in nature.
Many countries around the world use alternative Dispute Resolution. Although ADR may vary in terms of nature, processes, and usage, the four main types of ADR are; (1) mediation, (2) arbitration, (3) settlement conferences, and (4) neutral evaluation (Courts.CA.Gov, n.d.). Mainly, mediation and arbitration are the most commonly used processes in both judicial and quasi-judicial processes for their established rules in both the domestic and international sphere.
One of the reasons why ADR is popular among parties is because of its various benefits such as (1) reduction of litigation-related expenses, (2) increased control over the processes and outcomes, and (3) faster resolution periods, and (4) preserve relationships (Courts.CA.Gov, n.d.).
First, ADR can help reduce litigation-related expenses and the time of resolution since normal judicial processes could take time before its resolution. Statistics show that in US District Courts, trial cases are adjudicated by an average of 24.2 months compared to those adjudicated through the ADR process, which usually takes 11.6 months (American Arbitration Association, n.d.). This represents a gap of 12 months, not including appeal processes that are very common in litigations.
Second, ADR can also help in increasing the parties’ control over the processes and outcomes of the resolution. This is apparent even from the very beginning since while the court’s jurisdiction in the case of litigation cannot be subject to the agreement of parties, ADR processes (i.e., the type and the arbitrator) could be stipulated in a contract.
Finally, ADR processes could ...