Professional Documents
Culture Documents
ADR Concept & Selected Process
ADR Concept & Selected Process
RESOLUTION
(TUTORIAL 1: ADR – CONCEPT &
SELECTED PROCESS)
1. Discuss the Philosophy and Concept of ADR
PHILOSOPHY CONCEPT
Win-win Approach – Confucianism - dispute resolution processes and techniques
“a better way to resolve dispute is through that fall outside the court system
persuasion and compromise rather than by
coercion through a sovereign authority.” - a broad concept; including:
o Negotiation
- This philosophy is reflected in ADR, where o Mediation/ Conciliation
parties try to resolve their disputes in a o Arbitration/ Adjudication
consensual manner
- Unlike in the Adversarial trial system; lawyers - covers divergent processes ranging from
thinks in terms of ‘RIGHTS’ and not in terms of facilitated settlement negotiations in which
‘INTERESTS’ disputants are encouraged to negotiate
directly with each other prior to some other
Integrative Approach legal process
- ADR integrates parties and provides them with
an opinion to continue their relationship on the
basis of a sharing interest
2. Discuss the Evils of Litigation
• Time-consuming
• Results in backlog of cases
• Complicated – Parties need to go through many steps and stages
before the trial starts
• Costly & uncertainty of the period of time that a trial might use will
raise the expenses from time to time
• Adversarial – Less regard to fair solution; results in win-lose scenario
& not a mutually acceptable decision
3. Briefly Explain the Components of ADR below:
NEGOTIATION MEDIATION
- bilateral negotiation between two - a mediator helps two people negotiate
disputants (third party is not required) voluntary solution to their dispute