Scribd Logo
Upload

Welcome to Scribd!

  • 11 views

    A. Motivation To Resort To Arbitration

    Uploaded by

    Alyssa Brillo
    ADR has been increasingly used and integrated into legal systems to capitalize on its advantages over litigation, which include flexibility, lower costs, expedited resolutions, and preservation of relationships. The literature identifies key outcomes of ADR as increased settlement rates, improved satisfaction, reduced time and costs of dispute resolution, and increased compliance. While ADR practitioners are enthusiastic about its benefits, lawyers and disputants offer a more qualified view of its actual advantages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    A. Motivation To Resort To Arbitration

    Uploaded by

    Alyssa Brillo
    11 views2 pages
    ADR has been increasingly used and integrated into legal systems to capitalize on its advantages over litigation, which include flexibility, lower costs, expedited resolutions, and preservation of relationships. The literature identifies key outcomes of ADR as increased settlement rates, improved satisfaction, reduced time and costs of dispute resolution, and increased compliance. While ADR practitioners are enthusiastic about its benefits, lawyers and disputants offer a more qualified view of its actual advantages.

    Original Title

    ADR-2-SCRIBD

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    ADR has been increasingly used and integrated into legal systems to capitalize on its advantages over litigation, which include flexibility, lower costs, expedited resolutions, and preservation of relationships. The literature identifies key outcomes of ADR as increased settlement rates, improved satisfaction, reduced time and costs of dispute resolution, and increased compliance. While ADR practitioners are enthusiastic about its benefits, lawyers and disputants offer a more qualified view of its actual advantages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    11 views2 pages

    A. Motivation To Resort To Arbitration

    Uploaded by

    Alyssa Brillo
    ADR has been increasingly used and integrated into legal systems to capitalize on its advantages over litigation, which include flexibility, lower costs, expedited resolutions, and preservation of relationships. The literature identifies key outcomes of ADR as increased settlement rates, improved satisfaction, reduced time and costs of dispute resolution, and increased compliance. While ADR practitioners are enthusiastic about its benefits, lawyers and disputants offer a more qualified view of its actual advantages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    A.

    Motivation to resort to arbitration

    ADR has been both; increasingly used alongside, and integrated formally, into
    legal systems internationally in order to capitalise on the typical advantages of
    ADR over litigation:
    · Suitability for multi-party disputes

    · Flexibility of procedure - the process is


    determined and controlled by the parties
    the dispute

    · Lower costs

    · Less complexity ("less is more")

    · Parties choice of neutral third party (and


    therefore expertise in area of dispute) to
    direct negotiations/adjudicate

    · Likelihood and speed of settlements

    · Practical solutions tailored to parties’


    interests and needs (not rights and wants,as
    they may perceive them)

    · Durability of agreements

    · Confidentiality

    · The preservation of relationships;[11] and


    the preservation of reputations.
    The international literature on ADR identifies five major outcomes from ADR.
    They are:
     increased settlement
     improved satisfaction with the outcome or
    manner in which the dispute is resolved
    among disputants;
     reduced time in dispute
     reduced costs in relating to the dispute
    resolution
     increased compliance with agreed solutions.
    Among stakeholders there is broad agreement that dispute resolution through
    ADR mechanisms can be beneficial. Nevertheless, there are some significant
    variations among stakeholders about the extent and nature of those benefits
    for disputants. ADR practitioners are most enthusiastic about the benefits of
    ADRtake-up. Lawyers and disputants tend to be more qualified with regard to
    the actual benefits associated with ADR.

    You might also like