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The growing importance of Alternate Dispute Resolution



Going back to the 1980s it was found at that time, when several experts and executives heralded the introduction of Alternative Dispute Resolutions. The Alternate Dispute Resolution was considered to be a sensible, and cost-effective mechanism to keep corporations out of court and away from the process of litigation that devastates winners, besides the losers. In the next upcoming few years, it was found that more than 600 large corporations had adopted policies on the Alternate Dispute Resolution Statement that were being suggested by the Centre for Public Resources, as many of these companies had reported considerable savings in terms of time and monetary resources.


But with the steady passage of time, it was found that the cause for having Alternate Dispute Resolution methods had subsequently faded. Damage awards, legal billings, and the number of lawsuits that were filed in the US continued to rise, even despite the fact many of the companies had filed their need to embrace Alternate Dispute Resolution tools. It was found in one study that rather than the reduction of costs and delays, at least one form of Alternate Dispute Resolution with a court-annexed arbitration increased their number.

The evolving stages of practice with ADR -

The practice of Alternate Dispute Resolution as a process was often mutated into a rising private judicial system that looked like the costs that litigation was supposed to prevent. In most of the companies, the Alternate Dispute Resolution procedures typically included an excess of baggage in the form of motions, briefs, discovery, and awards beyond the reason. Several companies have also learned that Alternate Dispute Resolution tools are highly effective, as a result of which the companies had already started reaping the predicted benefits of bearing a low cost, quick and effective resolution of disputes, and outcomes that preserve and work upon improving the relations.

ADR as an alternative or a method of choice -

Most lawyers and companies still view Alternate Dispute Resolution as an alternative rather than a primary or preferred method to settle disputes. Several companies see Alternate Dispute Resolution as a Dispute Mechanism Measure to settle peripheral or less important disputes. As peripheral disputes, one simply abandons the matter from being arbitrated when one fails to get the desired results. However, there are not a single number of instances that are found when one may avoid going in for the dispute and ensure to bring out an early resolution.


Is Alternate Dispute Resolution different from litigation?

A few companies have made out their way towards developing a serious commitment to adopt Alternate Dispute Resolutions as a distinct part of the system of legal practice. There are various ways to learn the process, which is by considering several important influencing factors like the rules governing them, and the procedures that are followed.

Thus, whenever these matters take place, it is seen that the cost consideration of Alternate Dispute Resolution supersedes the cost of litigation replacement in the long run.

In order to cut down the time taken by an attorney to work on the case, stipulating arbitration permit-parties, or agreeing on certain facts to virtually eliminate the briefs, discovery, and end the reliance on expert testimony and counter testimony. But in that case, the contending parties often look towards time and engagement of funds, and energy in case of litigation. Generally, as it is followed in terms of arbitration involving a virtual battle, lawyers make repetitious presentations of facts and legal arguments, as if they were appearing before a judge rather than an arbitrator. They mainly pursue discovery, file motions, and excessively rely upon dealing with expert witnesses to work upon a lawsuit.

Moreover, it can be found that as the arbitrators contribute to dealing with the problems by handing down the damages and awards beyond the reasons and contractual limits, there are awards for the punitive damages, as well.


Sources Referred-

 

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