Your company’s Managing Director insists that litigation is the best means of resolving commercial disputes because Alternative Dispute Resolution (ADR) “cannot get pure and true justice.” Make a presentation to the Managing Director discussing litigation and ADR

Question

What will be an ideal response?

Answer 1

Answer:
Reasons to choose ADR :
1. Time-saving as compared to that of the court settlement.
2. Frugality, as it saves fees of lawyers and consultation
3. Control, instead of giving lawyers their control this enables to be in control themselves for both parties
4. Focus on the main issues saving time
5. Access to justice for those who couldn't afford court settlements
6. Maintaining privacy for both the parties

setbacks of ADR :
1. A matter of public interest is not suitable for ADR. Thereby a court settlement is preferable
2. Where a binding agreement is made parties normally give up the right to go back to the court about the same matter. Similarly, an award made at arbitration is generally binding and cannot be appealed in limited circumstances.
3. ADR if failed leads to court cost addition to the existing ADR cost.
4. Procedures of ADR isn' t much different than that of ADR

Litigation: Benefits
1. Parties are compelled to comply with judgments.
2. Right to Appeal
3. Precedent-setting
4. Potential for a predictable outcome.

Cons Of Litigation:
1. Time taking process
2. Judgment suspect to appeal
3. Costly
4. Tampering relations
5. Privacy tampering due to public interest