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Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party.[1] They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.[2][3]
Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years.[when?] In 2008, some courts required some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation).[4] Additionally, parties to merger and acquisition transactions are increasingly turning to ADR to resolve post-acquisition disputes.[5]
The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.[6] Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of this use of mediation to settle disputes.[7] Since the 1990s many American courts have also increasingly advocated for the use of ADR to settle disputes.[8] However, it is not clear as to whether litigants can properly identify and then use the ADR programmes available to them, thereby potentially limiting their effectiveness.[9]
^Australian Securities and Investments Commission - Complaints resolution schemes Archived 6 January 2009 at the Wayback Machine. Asic.gov.au. Retrieved on 14 July 2013.
^J. Pirie, Andrew (2000). Alternative dispute resolution : skills, science, and the law. Toronto, Ontario: Irwin Law. p. 5. ISBN 9781459313477.
^"Islam, Sharia and Alternative Dispute Resolution: Mechanisms for Legal Redress in the Muslim Community", published 30 June 2013, London, UK: IB Tauris & Co. ISBN 9780857722386
^"DIRECTIVE 2008/52/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL". Official Journal of the European Union. 21 May 2008. Archived from the original on 11 June 2019. Retrieved 17 June 2019.
^Litvak, Jeff; Miller, Brent. "Using Due Diligence and Alternative Dispute Resolutions to Resolve Post-Acquisition Disputes". Transaction Advisors. ISSN 2329-9134. Archived from the original on 23 July 2015.
^Totaro, Gianna., "Avoid court at all costs" The Australian Financial Review 14 November 2008. (19 April 2010)
^Clift, Noel Rhys (3 May 2010). "The Phenomenon of Mediation: Judicial Perspectives and an Eye on the Future". SSRN 1599420.
^Shestwosky, Donna (2016–2017). "When Ignorance Is Not Bliss: An Empirical Study of Litigant's Awareness of Court-Sponsored Alternative Dispute Resolution Programs". Harvard Negotiation Law Review. 22: 191. SSRN 2945706.
^Shestowsky, Donna (2016–2017). "When Ignorance Is Not Bliss: An Empirical Study of Litigant's Awareness of Court-Sponsored Alternative Dispute Resolution Programs". Harvard Negotiation Law Review. 22: 192–193. SSRN 2945706.
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