Any dispute and conflict resolution scenario should begin with Alternative Dispute Resolution (ADR).
ADR comprises the methods of settling legal issues as alternatives to the usual time-consuming and costly court litigation processes, making it an appealing choice for all parties.
ADR is a voluntary approach that focuses on finding creative “win-win” solutions to problems that the parties can agree on and live with. This is not like a court case where the defendant is required to defend himself and there is a “win-lose” outcome.
What Are the Advantages of Using Alternative Dispute Resolution?
The key advantage is that ADR is usually a more faster and less expensive way of resolving disagreements than court action.
It’s also more adaptable because the parties get to pick their own mediator or facilitator. Because participation in ADR processes is voluntary, the parties are more willing to consider novel approaches to resolving their disagreements. In contrast, a court is constrained to making conclusions based solely on legal factors.
In layman’s terms, what is alternative conflict resolution?
Alternative dispute resolution (ADR) refers to the various methods through which people can resolve conflicts without going to court. Mediation, arbitration, and neutral evaluation are examples of common ADR processes. These procedures are typically more private, less official, and less stressful than standard court proceedings.
When was ADR first implemented in South Africa?
In South Africa, ADR was not only formalized, but also made mandatory as part of the post-1994 restructuring of the South African labor relations system.
