Describe and evaluate the role of Alternative Dispute Resolution (ADR).
Since the people exist on the Earth, we have brought love and conflict, envy, hatred, not only with enemies, but also with family or their own relatives. Few people have a bit of concern the existing of the law systems, have consciousness of the imprisonment, even the death penalty or execution. But those penalties do not flinch all the bad people. Because of that, generally, legislation is not always the place to solve all the complainants, disputes, conflicts or misunderstandings. Mrs. Judge Supreme Court of United States, Sandra O’Connor declared: “The courts of this country should not be the place where the resolution of disputes begins. They should be the places where disputes end-after alternative methods of resolving disputes have been considered and tried. Alternative Dispute Resolution (ADR) is one of the effective methods that mostly can resolve disputes in our life nowadays. So what is ADR?
ADR refers to a number of alternative dispute resolution processes that do not involve formal court processes. The most appropriate form of ADR will depend on the type of dispute, the relationship between the parties the dispute is at and is often used in family law disputes, neighborhood disputes, commercial disputes, consumer issues and equal opportunity, discrimination cases.
ADR has different methods, typically it involves: Negotiation, Conciliation, Mediation, and Arbitration.
Negotiation refers to the simply processes of speaking to the person and trying to resolve the problem. The conflicts and disagreement of different needs or aims is inevitable. Without negotiation, the conflicts may become worst. Therefore, a utility of negotiation is to resolve the arguments without causing future barriers in people relationship but it may influence a person’s behaviors. The advantage of negotiation is quick, less stressful, confidentiality unlike a court, which is usually open to the public...