Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.
Read more about Alternative Dispute Resolution: Types and Features, The Association For International Arbitration
Famous quotes containing the words alternative, dispute and/or resolution:
“Education must, then, be not only a transmission of culture but also a provider of alternative views of the world and a strengthener of the will to explore them.”
—Jerome S. Bruner (20th century)
“As for the dispute about solitude and society, any comparison is impertinent. It is an idling down on the plane at the base of a mountain, instead of climbing steadily to its top.”
—Henry David Thoreau (1817–1862)
“Compared to football, baseball is almost an Oriental game, minimizing individual stardom, requiring a wide range of aggressive and defensive skills, and filled with long periods of inaction and irresolution. It has no time limitations. Football, on the other hand, has immediate goals, resolution on every single play, and a lot of violence—itself a highlight. It has clearly distinguishable hierarchies: heroes and drones.”
—Jerry Mander, U.S. advertising executive, author. Four Arguments for the Elimination of Television, ch. 15, Morrow (1978)