Final Paper for Business Law I on Alternative Dispute...

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†¦show more content†¦The level of flexibility is attributed to the lack of formal procedures that are encountered in judicial processes. Another feature of the alternative dispute resolution is its identification of equity among the litigating parties. Contrary to the application of laws in wh ich provisions might not be favorable to either of the litigants, the ADR process is based on a mutual understanding and corporation of the parties on a leveled ground. The parties are thus assumed to be equal in the negotiation or mediation processes with a moderation of a third party if at all the litigants cannot agree among themselves. Contrary to the judicial processes that rely on precedents for determination of resolutions, ADR relies on the general law of equity to establish a resolution that is agreeable by all the parties to the given conflict. The use of ADR also involves the active participation of the litigants in the search for solution to their conflict. This gives the process an advantage of generating a solution that is fair to both parties and which can at the same time restore or create a good relation among the conflicting parties (USaid, 1998). Even though the alternative dispute resolution approach is characterized with a number of advantages that include its informality, its flexibility and event, direct participation of the parties in conflict to attain an efficient, less costly and equitableShow MoreRelatedHow Final Should Dispute Resolution Be Essay1541 Words   |  7 PagesHOW FINAL SHOULD DISPUTE RESOLUTION BE? Intro The number of disputes in the construction industry is rising dramatically but it’s with the secondary disputes, or ‘disputes about disputes’, that this paper is concerned. 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