What are the advantages of alternative dispute resolution? Are there any disadvantages of ADR?
What will be an ideal response?
Using the court system to resolve disputes, business or otherwise, can take years and cost thousands, if not millions, of dollars in legal fees and expenses. In commercial litigation, the normal business operations of the parties are often disrupted. To avoid or lessen these problems, businesses are increasingly turning to methods of alternative dispute resolution (ADR) and other aids to resolving disputes. The common forms of ADR include arbitration, mediation, conciliation, minitrials, and fact-finding. The advantages of ADR, as compared to traditional litigation, are efficiency of costs and time. ADR saves much money, in large part because it saves so much time. And because ADR is quicker and cheaper than traditional litigation, it is much less stressful to the participants, which is another advantage. There are some disadvantages of ADR, however. Arbitration awards, for instance, are extremely difficult to overturn on appeal. Mediation prevents the parties from getting their day in court, and for some litigants, having their say openly is a reason to fight through the litigation process.
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