Critical Examination of Alternative Dispute Resolution (original) (raw)

Abstract

This research work will centre on, among many other things, matters which broadly affect “Alternative Dispute Resolution.” Alternative disputes resolution, is popularly known to be called ADR, has been noted to have embraced different methods of resolving different disputes, although it is commonly viewed as a form of assisted negotiations with a central objective of dispute resolution: alternative to traditional processes used by the law. Therefore, ADR is more of a consensual process, that is, it requires consent from the parties involved, and its outcome are non-binding, so as such the dispute might not have been resolved. Prior to the development of Alternative dispute resolution, disputes are often resolved by courts through litigation process, and in most times, justice is not served. So ADR in its core field, encourages litigants to avoid going to court, and in some cases, with appropriate advice, avoid such legal processes altogether. The expression “alternative dispute resolution” is also described in the glossary to the Civil Procedure Rules as a “collective description of methods of resolving disputes otherwise than through the normal trial procedure”. In this broad sense, of course, ADR is by no means a novel phenomenon, encompassing everything from the last-minute “deal” at the door of the court to a formal arbitration.

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