Scribd
Upload
79 views2 pages

Understanding Alternative Dispute Resolution

This document discusses alternative dispute resolution (ADR) and compares practices in China, Singapore, Indonesia, and Malaysia. ADR involves resolving legal conflicts privately through mediation or arbitration with a third party, rather than through litigation. It is generally a less formal process than traditional courts. The essay outlines different ADR methods like arbitration, mediation, and conciliation and evaluates their efficiency in each country. It concludes that ADR plays a major role in resolving most cases outside of civil courts today as an effective and affordable way to solve disputes.

Uploaded by

Rita Lakhsmi
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
79 views2 pages

Understanding Alternative Dispute Resolution

This document discusses alternative dispute resolution (ADR) and compares practices in China, Singapore, Indonesia, and Malaysia. ADR involves resolving legal conflicts privately through mediation or arbitration with a third party, rather than through litigation. It is generally a less formal process than traditional courts. The essay outlines different ADR methods like arbitration, mediation, and conciliation and evaluates their efficiency in each country. It concludes that ADR plays a major role in resolving most cases outside of civil courts today as an effective and affordable way to solve disputes.

Uploaded by

Rita Lakhsmi
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Introduction.

The definition of Alternative Dispute Resolution also known as ADR is a way by which legal conflicts and disputes are resolved privately and other than through litigation in the public courts. It is generally through one of two forms which is mediation or arbitration. Besides that, it normally involves a process much less formal than the traditional court process and includes the appointment of a third-party to preside over a hearing between the parties. As said in the case of Hilmond Investments v CIBC 1996 135 DLR (4th) 471 (1996, ONT Court of Appeal), "Modern systems of alternative dispute resolution, commonly referred to as ADR, are designed to help parties solve disputes efficiently without resort to formal litigation and with a minimum of judicial interference. There are several methods of ADR which is practiced commonly in the countries which is arbitration, mediation, adjunction and conciliation and neutral evaluation. This essay will outline the different practice as well as comparison and contrast of ADR in four different countries which are China, Singapore, Indonesia and [Link] from that, this essay will highlight the fact on the efficiency of ADR in each of the jurisdictions.

Conclusion. In conclusion one could say that ADR plays a substantial role in solving most of the cases outside the civil courts today. It is a good way of solving disputes effectively and affordably and one could also agree with the saying that Alternative dispute resolution (ADR) has been described as being at the heart of todays civil justice system. The words of wisdom of Farley J of the Ontario Supreme Court is apt to summarize the scenario as One can only hope that the litigating public and bar will recognize the benefits of resolving disputes through alternative dispute resolutions (ADR); as a judge, one is constantly amazed at how many matters can be resolved if the parties face up to the practical problem that in many cases there be time to pay and payment must be stretched out over time. As I have said, you cannot get blood from a stone but you can get some juice from a turnip if it is squeezed the right way.

You might also like