Even though the term dispute resolution refers to any method of resolving a disagreement, including going to court, most people use the term to refer to the many alternative dispute resolution methods available, usually in countries with a highly developed civil justice system.
In most cases, and with perhaps the only exception being when compelled by a court, ADR methods are generally consented to by both the parties to a matter.
The options have gained increased popularity recently, as parties that would otherwise chose to litigate the matter realize that the methods often require a smaller window of time, and fewer funds.
Regardless of the many advantages, the ADR methods are not entirely shielded from criticisms either.
One main criticism is that without having access to the courts, where parties are bound to be treated as on a level playing field, in ADR, corporations for example, may easily be able to overpower individuals seeking a remedy.
Secondly, usually with the use of professionals who devote their time to the proceedings, these methods may at times, start to rise to the level of traditional litigation in terms of the expenses.
The Core Aspects
ADR methods make use of a alternative to substitute a judge or jury decide the matter.
There is no limit to the areas of law that can be resolved this way, save that all of these fall under the civil aspect, since there is usually no substitute for the judge or jury deciding the criminal guilt of an accused.
Many countries will, as a policy, encourage the use of ADR processes to resolve issues that pertain to for instance, employment and land disputes, especially when they have to do with ascertaining which side of the facts is a more acceptable account of the heart of the dispute.
Reasons To Choose ADR
Aside from generally being cheaper than the court costs and attorney fees to compensate for litigation, dispute resolution Dubai also provides further opportunities for the parties to the matter to give their input.
In a civil trial for example, the input of parties would be limited to consulting with the lawyers and perhaps provide their account of the facts or details when they are called to the stand.
In ADR on the other hand, parties could get more chances to address the arbitrator. Further, the overall process is less strictly organized than court proceedings, making it easier for parties to also understand every step of the process.
Reduced Need For Lawyers
In many cases where ADR is chosen, it is not an essential requirement that you hire a lawyer to present, even though parties often chose to do it this way.
The exact role of the legal professional you bring with yourself depends on the method chosen for the matter at hand, and can range from advising the party they represent, or act as advocates.
Source: Company Formation Dubai