Alternative Dispute Solution
Business Law I 311
Legal provisions in any territory ensure that citizens are protected from offense by others or that their properties are equally protected. Such offenses are at times inevitable leading to individuals and parties being in disputes. There are legally recognized institutions that have been instituted to examine constitutional violations of people’s rights and freedom, the source of such conflicts, and prescribed penalties for the violations under legal court systems. Dispute resolution outside the legal framework has been developing over time. The dispute resolution outside the legal framework is called alternative dispute resolution. This paper seeks to discuss the topic of
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It was then adopted to help in reducing congestion and even cost of solving disputes as was realized in the judicial systems. The conflict resolution approach was then expanded into commercial institutions to enhance resolution of disputes among corporate entities. This particular move further developed the use of ADR as a tool instead of the use of judicial processes. The widespread use of the approach together with its simultaneous development in the United States led to its incorporation in the country’s laws with provisions for legal bodies to oversee ADR processes. After its developments in the United States, the use of alternative dispute resolution spread to other countries across the globe. It is reported that both developed countries as well as third world countries have gradually been adopting the use of ADR to resolve issues that pertains to “social, legal, commercial and political goals” (USaid, 1998, p. 5). The alternative dispute resolution is significantly different from the judicial processes in a number of ways. One of the major characteristics of ADR is its informality. Contrary to the judicial approach, there is a lot of flexibility with respect to alternative dispute resolution approach. The strict laws and records that are kept in courts with respect to proceedings and application of judgment are not encountered in ADR processes.