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:
“Our mother gives us our earliest lessons in love—and its partner, hate. Our father—our “second other”Melaborates on them. Offering us an alternative to the mother-baby relationship . . . presenting a masculine model which can supplement and contrast with the feminine. And providing us with further and perhaps quite different meanings of lovable and loving and being loved.”
—Judith Viorst (20th century)
“The king said, -Divide the living boy in two; then give half to the one, and half to the other. But the woman whose son was alive said to the king -because compassion for her son burned within her - -Please, my lord, give her the living boy; certainly do not kill him! The other said, -It shall be neither mine nor yours; divide it. Then the king responded: -Give the first woman the living boy; do not kill him. She is his mother.”
—Bible: Hebrew, 1 Kings. 3:25-37.
Solomon resolves a dispute between two women over a child. Solomon’s wisdom was proven by this story.
“The passions do very often give birth to others of a nature most contrary to their own. Thus avarice sometimes brings forth prodigality, and prodigality avarice; a man’s resolution is very often the effect of levity, and his boldness that of cowardice and fear.”
—François, Duc De La Rochefoucauld (1613–1680)