Beyond the Courtroom: Exploring the Potential of ADR in today’s Legal Landscape.

Author: Folarin, Olawale Akinleye, Obafemi Awolowo University.

In the Legal world today, resolving disputes can be time consuming, hectic and costly. However, this is where Alternative Dispute Resolution comes into play, Alternative Dispute Resolution creates room for an out of court settlement means of settling disputes. In many courts around the globe today, due to the daily increase in crimes, this has made courts congested. Many cases have been lingering for years. Hence, Alternative Dispute Resolution as the name implies provides for a more informal means of settling disputes outside the fours walls of a court.

Alternative Dispute Resolution (ADR), Mediation, Arbitration, negotiation, Litigation, Disputes.

When Alternative Dispute Resolution first came into being, it had two major aims. The first aim was to provide fast relief and justice, while the second was to reduce the time frame for delivering justice all in an informal setting. In turn, reducing the congestion of courts. There is a saying "Justice delayed is Justice denied". Alternative Dispute Resolution models come into play to provide various means of settling disputes all as an alternative means to litigation.

Expounding on the subject of Alternative Dispute Resolution (ADR) speaks of means of proffering solutions to disputes outside courts with its various mechanisms. Alternative Dispute Resolution mechanisms  include mediation, arbitration, and negotiation, amongst others. The said mechanisms help the parties to reach a consensus as regards their disputes, mostly proffering a win-win solution to disputes. Which many times provides an effective, relationship sustaining, happy and relieving out of court solution.

The major Alternative Dispute Resolution models include mediation, arbitration, and negotiation. Mediation being one the dispute mechanism is willingly chosen by the parties, except the court orders otherwise. It is private and its awards are non-binding on the parties. It involves a third party neutral who helps the parties reach a negotiated settlement. Arbitration on the other hand is another means of dispute settlement in which parties agree to appoint their own arbitrator who makes a decision as per the agreement of the parties and parties are bound by their decisions. Negotiation which is a voluntary process involves a consensual bargaining process in which parties aim at reaching an agreement on a disputed matter.

Alternative Dispute Resolution has shown over the years to be cheaper, faster and preserves relationships between disputing parties. Though litigation, being the most formal dispute resolution form known throughout the world, Alternative Dispute Resolution appears to be less formal and more flexible. Additionally, Alternative Dispute Resolution provides a more confidential, effective communication, tolerance, openness and understanding amidst disputing parties.

An understanding and the use of the right Alternative Dispute Resolution mechanism helps in fixing disputes. In some disputes, there is a need to bring in a third party neutral, while some disputes can be well resolved without a third party neutral. Knowing the right mechanism to use saves time and stress in resolving the dispute. This helps in determining and getting the required result. Many times, consensus reached is mutually beneficial to both parties, as in some cases parties control the dispute and its outcome. In technical cases, a negotiator or an arbitrator may be involved to help parties restore their relationship and to reach a reasoned, desirable and acceptable outcome. 

CONCLUSION 

Conclusively, Alternative Dispute Resolution provides an effective  alternative to litigation for those seeking to resolve a legal dispute outside court. A good grasps of the Alternative Dispute Resolution mechanisms would help parties approach disputes not antagonizing each other but as both looking for an amicable agreement to be reached. Many times, the nature of the case determines the choice of mechanism especially in other to get the required result, sustain relationship, reduce parties expenses and time, access justice and offering an harmonious coexistence at the long run.

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