Alternative Dispute Resolution

What is ADR?

ADR is the generally accepted acronym for alternative dispute resolution. Most simply put, ADR denotes all forms of dispute resolution other than litigation or adjudication through the courts.

This definition of ADR, however, makes no mention of a vital consideration. This is that ADR provides an opportunity to resolve disputes and conflict through the utilisation of a process that is best suited to the particular dispute or conflict.

ADR therefore involves not only the application of new or different methods to resolve disputes, but also the selection or design of a process which is best suited to the particular dispute and to the parties in dispute.

ADR therefore covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. In so far as this may involve the selection or design of mechanisms and processes other than formal litigation, these mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it.

The most common types of ADR include negotiation, conciliation, mediation and arbitration. 

The goals of ADR may be described as follows:
a) to relieve court congestion, as well as prevent undue cost and delay;
b) to enhance community involvement in the dispute resolution process;
c) to facilitate access to justice; and
d) to provide more effective dispute resolution.

Contact BLCM