Benefits and Challenges of Alternative Dispute Resolution (ADR)

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RESEARCH QUESTION
Alternative dispute resolution (“ADR”) is an important tool .....
Discuss.
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It needs to be noted in the beginning that Alternative Dispute Resolution (ADR) allows greater
control to the parties to a dispute while resolving the conflict as compared to proceedings in case
of litigation. Generally, ADR is considered as providing certain benefits to the parties. Not only
due to the reason that it is quicker and cheaper as compared to litigation, provides greater control
to the parties to the dispute over the transition and financial costs related with the process of
dispute resolution (Warren, 2010). At the same time, ADR also provides phone and delivers up
to the expectations of the community related with access to justice. It also acts as an accessible
gateway to substantive justice. The rate of compliance is high in case of the comments that have
been implicated by using ADR processes, increasing from the infidel limitations and mediation
and going up to the litigation arbitration, as a result of the involvement of the parties in creating
their own agreements and most probably, in their own words. The confidentiality aspect of ADR
also needs to be noted but at the same time (Douglas, 2001). It also provides ability to the parties
to stay away from the courts. In the center parties can resolve their problems behind closed doors
(King et al., 2009). However, while the agreements that are the result of ADR processes provide
a number of benefits to the parties, the parties may also have a certain problems like they may
lose control over the process, decreasing confidentiality and rising costs. There are those of
flexibility and the chances of maintaining relationship with the other party (Nadja, 2008). At the
same time, the ADR processes can also reinforce the traditional power imbalances and the
perception of secondhand justice, especially from the point of view of the weaker groups of the
society and from the viewpoint of some feminists (Silver, 2009). In this way, while evaluating
the positive and negative points of ADR, it needs to be noted that the ADR provides a wide
range of dispute resolution processes that can keep the parties away from the courts, provide the

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parties to the dispute more control over the resolution of conflict and at the same time, they are
also likely to contribute in saving time and cost for all those involved.
The ADR procedures are missing the Ginsburg angel to reduce the costs and delays that are
present in case of traditional good proceedings. The result is that Australians are looking for a
less formal means of resolving disputes. The government is also trying to reduce the cost of
formal court system. As a result, the size of ADR sector is increasing significantly and it is
expected to continue with this expansion (Downes, 2008). Already ADR procedures are used in
case of different courts and tribunals as well as other organizations that are operating in federal
arena. At the same time, ADR is also being used more frequently at the state level. The influence
of ADR is also increasing in the commercial area. It is extended beyond the individual disputes
and areas like client complaints, enterprise bargaining, employee grievances and industrial
relations. In context of commercial activities, the increasing emphasis is on dispute prevention,
resolution and management. In this way, ADR has moved forward from simply being an
alternative to the formal justice system (Sourdin, 2008).
ADR assist the parties at several different levels. For example in a wide range of potentially
critical and transitional situations, facilitated negotiations can help the parties in identifying
issues and developing different options available to them. As a result of the rising use of video in
Australia, NADRAC had been established in 1995 so that it can provide for the needed
inconsistent policy advice to the Attorney General regarding the development of high-quality,
efficient and economical ways to resolve disputes without looking for a judicial decision
(Abramson, 2005).
The concept of equality in ADR: The idea of equality plays a significant role in our thinking
regarding justice and fairness. One approach the quality is not as formal equality. In this case, it