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Alternative Dispute Resolution (ADR)

Intellectual Property

The Alternative Dispute Resolution (ADR) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. The Alternative Dispute Resolution (ADR) is an alternative to a formal court hearing or litigation. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute. Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes. Alternative dispute resolution is usually considered to be alternative to litigation.

Beyond the basic types of alternative dispute resolutions there are other different forms of ADR that include:

  • Case Evaluation: The parties present the facts and the issues to a evaluator who advises them, and assesses the dispute’s likely outcome.
  • Early Neutral Evaluation: After a case has been filed in court it is referred to an expert to provide an evaluation of the dispute.
  • Family Group Conference: The family becomes involved in learning skills for interaction between members.
  • Neutral Fact-finding: A neutral third party investigates an issue and reports or testifies in court.
  • Ombuds: A neutral third party deals with complaints by employees, clients or constituents.
    Standards of Practice for Organizational Ombuds.

An organizational ombudsman works within the institution to look into complaints independently and impartially.

The Association for International Arbitration (AIA)

The Association for International Arbitration (AIA) is a non-profit organization with the aim of facilitating arbitration, mediation and general forms of dispute resolution internationally. AIA provides information, training and educational activities to expand the promotion of arbitration and ADR globally by means of securing partnerships with various organizations and parties to get involved in the life of the association.

Posted on 27 October 2015
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