Why should clients be encouraged to utilise ADR processes as a viable option for the early resolution of disputes? What are the implications arising from this? What are the barriers to this course of action and how can these be overcome?

When it comes to settling economic conflicts, the adoption of Alternative Dispute Resolution (ADR) has a number of significant benefits. ADR methods are flexible, they provide parties a great degree of control over their own disputes, and they are far less expensive than going to court in the first place. Given these benefits, customers should be encouraged to investigate alternative dispute resolution (ADR) options for early conflict settlement. The various methods of ADR are negotiation, facilitation, mediation, evaluation, arbitration and litigation. All ADR strategies have similar attributes - i.e., empowering both parties to gather to track down acceptable resolutions for their disputes, outside of customary legitimate/court procedures. The main importance of ADR is flexibility, confidentiality and rapidity.

Clients should be encouraged to utilise ADR processes as a viable option for the early resolution of disputes. ADR processes are cost effective and the client will not have to wait months, even years, to have their dispute resolved. It is quicker and less complex than litigation and it is confidential. Parties also do not have to comply with rules of evidence which allows them to lay their cards on the table without worrying they are compromising evidence in court. ADR also allows parties more control over the outcome of their dispute than they would have in court.

When it comes to settling economic conflicts, It has been recognised by practitioners and courts that ADR, particularly mediation, is often the most effective and efficient way of resolving commercial disputes. ADR processes are flexible, they afford parties a high degree of control over their own dispute and are substantially less costly than court proceedings. An increasing number of parties to commercial contracts include clauses referring one or more types of ADR processes as an alternative to Court action for the resolution of any disputes which may arise as a result of that contract. ADR Also gives more people access to justice, because people who cannot afford court or legal fees, still have an option to use dispute resolution remedies.

The early resolution of disputes through alternative dispute resolution (ADR) processes is a rapidly growing area in the legal field. Clients glean many benefits from this mode of dispute resolution, including but not limited to, reduced costs and uncertain liability exposure which may occur as a result of litigation. Furthermore, ADR methods are more conducive to sustaining business relationships as opposed to adversarial avenues such as litigation which are inherently combative in nature. Given these advantages, clients should be encouraged to pursue ADR alternatives for early dispute resolution. (Benefits of alternative dispute resolution. 2020)

Flexibility or Creativity in Outcomes Transaction (people) Costs Parties control over outcome Outcomes Needs Interests, based upon Rights, Duties, Fears, Concerns Obligations Negotiation Mediation Conciliation Investigation Arbitration Litigation Stricter the application of the rules of Natural Justice Prospects of preserving Relationships $ Costs of managing the dispute Conflict Solutions Pty Ltd @ 2003