What Is an Alternative Dispute Resolution?

Alternative dispute resolution is also called selective dispute resolution. It is a general term for non-litigation and non-arbitration selective dispute resolution. Alternative Dispute Resolution (ADR) means any method that can be accepted by legal process to resolve a dispute through an agreement rather than a mandatory binding ruling.

Alternative dispute resolution

Right!

Alternative dispute resolution is also called selective dispute resolution. It is a general term for non-litigation and non-arbitration selective dispute resolution. Alternative Dispute Resolution (ADR) means any method that can be accepted by legal process to resolve a dispute through an agreement rather than a mandatory binding ruling.

Alternative Dispute Resolution (ADR) is a group of procedures that includes: mediation or mediation, neutral listener agreements, small trials, summary jury trials, loan judges, loan judges, fact-finding laws, and special subjects , Court subsidiary arbitration, ombudsman system and juvenile court. Alternative Dispute Resolution (ADR) is an auxiliary method for litigation and arbitration. It is a manifestation of the self-improvement mechanism of social organisms. It has become an important form of civil and commercial dispute resolution system. Alternative dispute resolution methods are informal, non-mandatory, extensive and flexible. Alternative Dispute Resolution (ADR) is a purely voluntary process that can be widely applied to resolve disputes.

Chinese name

Alternative dispute resolution

Foreign name

ADR

Solid

Program group

Including

Mediation or mediation, neutral listener agreement, etc.

Full name in foreign language

Alternative Dispute Resolution

ADR originated in the United States in the 1960s. Its rise was not due to the court's fault, but because the parties and lawyers realized that the settlement of legal disputes through litigation has become increasingly expensive, time-consuming, and unclassified; and the courts faced a litigation explosion I also feel that the human and financial resources are unsustainable. Encouraging ADR to reduce the source of litigation has become a natural choice. ^[1]

Voluntary

Or desirability, selectivity or autonomy, plays an important role in ADR. The ADR procedure and the form it takes are generally based on the willingness of the parties, and even whether the outcome of the dispute resolution is mandatory depends on the parties. If the ADR process is successful, it is likely to be a win-win result; if it is not successful, all that is lost is the time and cost of the ADR process.

2. Informality

Or called simplicity. ADR does not require state power and court intervention like litigation, everything is based on procedural law, nor does it focus on minimum due process requirements like arbitration. On the contrary, the ADR procedure is extremely flexible, and it is difficult to even say that it has any necessary formal procedures, and the parties need not be in an antagonistic position. For example, ADR has no strict rules of evidence, no adversarial system and rules that guarantee the normal conduct of procedures in modern litigation and arbitration. Because of this informality, the parties can flexibly deal with the issue at issue, such as not having to prove by expensive means, or having to conduct lengthy cross-examinations and debates, thereby saving costs and time. Informalness is not an advantage for dispute resolution legal proceedings, but since the result of ADR is mostly reached and accepted by the parties voluntarily, informality does not only violate natural justice or due process, Instead it has become synonymous with flexibility and efficiency.

3. Complexity

Or inclusiveness. In the ADR process, as long as the parties are willing, various methods are integrated with each other and complement each other. ADR procedures and litigation procedures, arbitration procedures are even common. For example, the two-step dispute resolution process in the ADR demonstration process provided by the Center for Public Sources (CPR) mediation / micro-trialarbitration / litigation; the three-step dispute resolution processnegotiationmediation / micro-trial Arbitration / litigation demonstrates the inclusiveness of the various mechanisms of the ADR {3} (P.5-5). Some arbitration institutions in China have also adopted a similar method. For example, the parties can first request the mediation center for mediation. If the mediation fails, they can enter the arbitration procedure. The parties can also conduct arbitration procedures and mediation by an independent mediator. The arbitral tribunal makes a settlement decision based on the content of the mediation agreement. If the mediation is unsuccessful, the arbitral tribunal will make the decision. Obviously, the complex nature of ADR helps the parties to improve the efficiency of dispute resolution.

4. Confidentiality

The conduct of ADR is generally not disclosed to the outside world, which helps the parties to give up confrontation, create a harmonious atmosphere, resolve disputes peacefully in a small area, and protect the parties' business secrets. At the same time, confidentiality also means that the parties' actions in the ADR process, as well as the words and deeds of the ADR host (such as a mediator), must not be used as evidence by the parties in subsequent litigation, arbitration or other procedures that resolve the same dispute The ADR host also has no obligation to testify.

5. Forward-looking

The use of ADR may be particularly effective when there is an ongoing relationship between the parties. This is particularly important in the resolution of commercial disputes. In consideration of their commercial relationship, the parties must both make arrangements for the current dispute and look to the future. It may be difficult to achieve the purpose through litigation. However, reaching a new agreement through ADR does not necessarily characterize existing disputes. But with concessions and benefits, it is possible. Therefore, it can be said that the ADR does not necessarily give the parties a "saying", but it can "end the past and look forward".

6. Non-mandatory results

The various methods of ADR are the consensus choices of the parties. There is no public power participation or public power does not affect the dispute resolution process deeply, and the results are usually not mandatory. But this is not absolute. Judging from the Model Law on International Commercial Mediation drafted by the United Nations Commission on International Trade Law and the domestic laws of some countries, under certain conditions, the solution reached through ADR may be binding. For example, Article 14 of the aforementioned Model Law provides that if the parties reach an agreement to resolve the dispute, the agreement is binding and enforceable. As another example, according to the "Several Provisions on the Trial of Civil Cases Involving People's Mediation Agreement" issued by the Supreme People's Court of China in 2002, the mediation agreement reached by the parties has the nature of a civil contract. The parties should perform their obligations in accordance with the agreement and must not change or Dismissal of mediation agreement. If one of the parties fails to perform, the other party may sue to the people's court and require the other party to perform the mediation agreement. If a mediation agreement with the content of a creditor's right has been granted enforcement effect by a notary public according to law, the creditor may apply to the domicile's domicile or the person to be executed. The people's court where the property is located applies for enforcement. But in general, dispute resolution through ADR is generally not mandatory.

The characteristics of the ADR described above not only reflect some of the essential differences between ADR and litigation and arbitration, but also reflect the advantages of ADR as a method of dispute resolution. It should be noted that when the ADR method is used in the litigation or arbitration procedure to close the case, the ADR is actually incorporated into the litigation procedure or arbitration procedure and becomes a part of the litigation procedure or arbitration procedure. The result is often expressed as a court decision or mediation, The arbitral tribunal's settlement award or mediation statement is enforceable. This is different from the usual ADR. Therefore, unless otherwise specified, ADR is generally not included in these two cases.