Alternative Dispute Resolution (ADR) generally refers to a wide range of dispute resolution techniques that serve to avoid conflict between parties to a dispute. ADR is increasingly used as a dispute resolution tool alongside the court system. Despite historic opposition to ADR by many prominent parties and their supporters, ADR has grown in popularity in recent years, both among the public and the legal profession.
Indeed, some courts now require certain parties to resort to an alternative dispute resolution method, generally mediation, before authorizing the parties to proceed (the European directive on mediation (2008) which specifically provides for so-called “compulsory” mediation. This means that attendance is mandatory, not that an agreement must be reached through mediation). In addition, many individuals are increasingly turning to ADR to resolve post-acquisition disputes.
The growing popularity of ADRs can be explained by the growing number of disputes in traditional courts, the perception that ADRs are less expensive than litigation, the preference for confidentiality, and the desire of some parties to have greater control. on the choice of the individual (s) to settle their dispute. Some high judicial authorities in certain jurisdictions (England and Wales are among them) strongly advocate this use of mediation (ADR) to resolve disputes. Since the 1990s, many American courts have increasingly advocated the use of ADRs to resolve disputes.
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