Can we say that every individual can take any case before international Alternative Dispute resolution (ADR) tribunal? What conditions need to be fulfilled as a pre condition in addition to the consent of the parties to the dispute?

1.0 Introduction

ADR generally relates to methods and ways of resolving disputes outside of court proceedings (formal – court) in process[1]. Study always requires a certain part of the ADR or something, usually to take advantage of mediation allows the parties before cases are heard. Typically, there are four categories of ADR. This mediation, arbitration, negotiation and joint rights. Conciliation is sometimes included in the fifth category. All the ADR process, but talks the presence of a neutral person, capable of an unbiased opinion, which acts as an agent or a host decision maker. Exception exists when a joint or collaborative divorce law, each Party reserves the motherboard, which supports the process of solving explicit contractual terms. ADR in the main alternative to a formal hearing or trial. This is a collective term for how the parties to the dispute may, with (or without) using a third party[2]. 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[3].

 2.0 Can every individual take any case before international Alternative Dispute resolution (ADR) tribunal?

Normally every individual cannot take any case before international alternative dispute resolution tribunal. There is some procedure to take case before it. But it has a good sense to take case. And it becomes popular. Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favor of the use of mediation to settle disputes[4].

3.0 Why use an alternative dispute resolution system instead of going to court?

ADR system is not intended to replace the courts in all cases. But they may have advantages over the courts. They are:

• flexibility;
• speed;
• As less stressful, and;
• It costs less money.

If you have a problem with a person or organization that you deal with on a regular basis (a neighbor, for example), ADR can mean a better, more sustainable solution to your problem. It can also lead to better communication with them in the future. You can also do some ADR systems, as well as going to court or arbitration. For example, mediation can focus on all the questions that help to achieve the problem so that easier for you to reach an agreement or a judge for a decision[5].

4.0 Types and Features

Negotiation, mediation, collaborative law and arbitration: ADR is usually divided into at least four types. (Sometimes, the fifth type, conciliation, is included, but for the present, it can be considered a form of mediation. See reconciliation for further details.) ADRs, in addition to the existing legal system, such that the Sharia courts of common law legal systems used in such as the United Kingdom[6]. ADR traditions vary slightly from country to country culture. There are important elements in common to justify a major theme, and in each country or region, the difference should be delegated to the sub. Alternative dispute resolution consists of two historical types. First, the methods of resolving dispute outside the formal justice mechanisms. Second, the informal methods or appropriate analogue of the formal justice mechanisms. There are methods in the direction of, or separate and independent, such as mediation and ombudsman programs in organizations. The methods are similar if they are correct, and even use tools, or similar skills, which are essentially subsets of negotiation skills. ADR includes informal meals, informal processes of mediation, formal dining room and a formal mediation process. Traditional forms of formal ADR arbitration courts (both mandatory and optional or advisory) and private judge (either alone, sitting on boards or summary jury trial). Classic formal mediation process called mediation to a mediator appointed by the court or mediation panel. Structured transformative mediation U. S. Postal Service uses a formal process. Traditional methods are informal social processes and transmit an informal body (as a respected member of a group of commercial or social) and intercession. The main differences between formal and informal processes (), pending litigation, and (b) the possession or lack of formal structure for the application procedure.

For example, in free trade, to use without a trial. A negotiation within the framework of arbitrage is to use the tools in a highly formalized and controlled. Call for Organizational Ombudsman never a formal process. (Call for an organizational ombudsman is always voluntary, the standards of international practice, the Ombudsman, no one can be forced to use an ombudsman.)

The informal appeal to a colleague known to help real people, in what areas is an informal process. Employees are usually informal events. ADR design so simple to avoid confusing the means and methods (applied once negotiations sue to stop, is ADR? If this tool, and then asked, wrong release) (ADR is mediation, where a court orders, unless the court orders and how to look formalism, then the answer is clear: the court annexed mediation merely a formal process for ADR). The boundaries in the process of ADR are often suppliers rather than consumers. Consumers have decided to use a lot of different options, depending on the needs and circumstances they face.

 5.0 Conditions

At last, it is very important to understand that difference promise is one major goal of all the ADR processes. If a procedure leads to decision, it is a dispute decision procedure[7].

The prominent features of each type are as follows:

In negotiation, contribution is unpaid and there is no third party who facilitates the motion process or imposes a resolution[8].

In mediation, there is a third party, a go-between, who facilitates the resolution process, but does not oblige a resolution on the parties. In several countries (for example, the United Kingdom), ADR is one and the same with what is normally referred to as mediation in other countries.

In a joint or collaborative law divorce, each party has an attorney, the settlement process specifically contracted smoky. Strong agree to support lawyers (formed in the process) and an expert on the agreement[9].

In arbitration, contribution is normally unpaid, and there is a third revelry that, as a personal moderator, imposes a resolution. Arbitrations frequently happen because parties to contracts agree that any prospect dispute relating to the harmony will be resolute by arbitration. This is known as a ‘Scott Avery Clause’[10]. In recent years, the enforceability of arbitration clauses, mainly in the background of user agreements (e.g., credit card agreements), has tired inspection starting bench[11]. Although parties may petition arbitration outcomes to bench, such petition face an testing average of analysis[12].

6.0 Other different forms of ADR

Away from the essential types of alternative dispute resolutions there are other unusual forms of ADR:

Case evaluation: a non-binding process in which parties in attendance the facts and the issues to a impartial case assessor who advises the parties on the strengths and weaknesses of their individual position, and assesses how the argument is likely to be strong-willed by a jury or other judge.

Early neutral evaluation: a procedure that takes position soon after a case has been filed in court. The case is referred to a specialist who is asked to supply an impartial and unbiased evaluation of the argument. The assessment of the specialist can assist the parties in assessing their case and may pressure them towards a resolution.

Family group conference: a conference stuck between members of a family and members of their extensive linked collection. At this gathering (or often a sequence of meetings) the family becomes concerned in learning skills for communication and in creation a plan to stop the cruelty or other ill-treatment between its members.

Neutral fact-finding: a procedure where a unbiased third party, chosen either by the disputing parties or by the court, investigates an matter and information or testifies in court. The unbiased fact-finding development is above all useful for resolving composite logical and realistic disputes.

Ombuds: third party chosen by an organization – for example a university, hospital, corporation or government agency – to deal with complaints by employees, customers or constituents[13].

 7.0 ADR in Bangladesh

Bangladesh has an age-old olden time of Alternative Dispute Resolution (ADR). The term “Alternative Dispute Resolution” or “ADR” is often worn to explain a broad diversity of dispute Resolution mechanisms, which fall short of, or is alternative to, full-scale court proceedings. It is practical in diverse situations in diverse habits, both officially and casually. The village people usually preferred settling disputes among themselves and do not be pleased about any intrusion from other villages.  They narrate this involvement with loss of face for themselves and picture of their community. With the slow stop working of the more customary values of the social cloth, the customary plan of resolving disputes at the present stands almost wiped out and has been replaced by law enforcement luggage, officially permitted events and other methods. We have many success stories of resolving issues through ADR. Many people who have experience with ADR become very committed. People are also enthusiastic to resolve disputes locally[14]

 

8.0 Conclusion

To make ADR more effective, extensive, and pro-active, coordination is needed among different agencies. Creating awareness about ADR, Spreading the success story of ADR, Encouraging NGOs to become involved in ADR, Involving the Bar Associations in ADR, Providing training for mediators, Matching Government and NGO efforts. ADR can help the preservation of relationships;[15] and the preservation of reputations. ADR has been both; increasingly used alongside, and integrated formally, into legal systems internationally in order to capitalize on the typical advantages of ADR over litigation. So we cannot say that every individual can take any case before international Alternative Dispute resolution (ADR) tribunal. There are some conditions need to be fulfilled as a pre condition in addition to the consent of the parties to the dispute.

BIBILOGRAPHY

1. Alternative Dispute Resolution (ADR). Retrieved on December 4, 2011, from http://www.hg.org/adr.html

2. Wikipedia: The free encyclopedia. (2011, November 08). Retrieved December 4, 2011, from http://en.wikipedia.org/wiki/Alternative_dispute_resolution

3. Totaro, Gianna., “Avoid court at all costs” The Australian Financial Review Nov. 14 2008. (April 19, 2010)

4. Retrieved on December 4, 2011, from SSRN: http://ssrn.com/abstract=1599420

5. Methods of dispute resolution – alternative dispute resolution (ADR), Retrieved on December 01, 2011, from http://www.netlawman.co.uk/info/alternative-dispute-resolution.php

6. Wikipedia: The free encyclopedia. Alternative dispute resolution, (2011, November 08). Retrieved on December 4, 2011, from http://en.wikipedia.org/wiki/Alternative_dispute_resolution

7. Taken with permission from a presentation by Stephen R. Marsh of http://adrr.com/ Retrieved December 4, 2011

8. Helping People Help Themselves, in Negotiation Journal July 1990, pp. 239–248

9. Wikipedia: The free encyclopedia. (2011, November 08). Retrieved December 4, 2011, from http://en.wikipedia.org/wiki/Alternative_dispute_resolution

10. Scott v. Avery, 5 House of Lords, 811, 854

11. Schwartz, David S., “Mandatory Arbitration and Fairness.” 84 Notre Dame L. Rev. 1247 (April 19, 2010)

12. International Institute for Conflict Prevention & Resolution. “Arbitration Appeal Procedure.” http://www.cpradr.org/ClausesRules/ArbitrationAppealProcedure/tabid/79/Default.aspx

13. Retrieved on December 01, 2011, from http://www.ombudsassociation.org/standards/

14. STUDY CIRCLE DISCUSSION GUIDE ON Alternative Dispute Resolution, August 2003, retrieved on December 01, 2011, from http://www.studycirclebangladesh.info/admin/publication/2007041164_photo.pdf

15. “What Is ADR?”. Business and Society Exploring Solutions wiki, BASESwiki.org