Abstract
Humans cannot avoid from facing various trials, problems misunderstandings and disputes while carrying on with daily lives. In resolving a dispute, the disputants need to be provided the best redress avenues for the dispute resolution. This may include the option of having various choices of Alternative Dispute Resolution (ADR) mechanisms. Each ADR mechanisms must be closely matched to the disputes brought and the governing parameters need to be established due to the presence of a variety of mechanisms. The paper aims to analyse the question of compatibility between the setting and the matching of ADR mechanism, and the disputes involved. The literature highlights the opinions and views of researchers who have raised the topic and issues in the study and in relation to questions of this article. Hence, the analysis used was based on the content analysis especially previous academic studies conducted based on four (4) questions as follows: Q1 - Who is responsible for resolving disputes? Q2 - What is the main source of the establishing of levels and standard solutions? Q3 - How are the disputing parties represented? Q4 - What is the nature of the situation and to what extent can the discovery of facts and standard discovery is taken in this scenario? The paper will discuss the related issues by focusing on some forms of ADR. The findings of the study show that the answers to these questions are available in various forms, and the obvious possibilities are the differences of opinion that exist as result of the existence of different mechanisms. Ultimately, the final decision garnered must lead to actual ADR values that are required.
Highlights
Gaining Momentum for Justice Through Alternative Dispute Resolution (ADR) The concept of justice has become the focus in creating a civilized society since the beginning of time
Syed Khalid Rasyid (2006) opined that there are three trigger factors that stimulate the fast growth of ADR: (1) The dilemma faced by the government and public that the judicial justice system is dying and is not able to handle the burden of thousands of cases to be decided, (2) Demands of professionals and other parties wherein they feel there is a need of a specific forum that can fulfil their needs, especially a Commercial Arbitration, and (3) Confidence that the court justice system can no longer provide justice for everyone
The analysis used was based on the content analysis especially previous academic studies conducted based on four (4) questions as follows: Q1 - Who is responsible for resolving disputes? Q2 - What is the main source of the establishing of levels and standard solutions? Q3 - How are the disputing parties represented? Q4 - What is the nature of the situation and to what extent can the discovery of facts and standard discovery is taken in this scenario? Some forms of ADR are discussed
Summary
Gaining Momentum for Justice Through Alternative Dispute Resolution (ADR) The concept of justice has become the focus in creating a civilized society since the beginning of time. The concept of universal justice is prioritized and taken more seriously It includes judgment in choosing the best resolution mechanism, methods to hasten dispute resolutions and using legal services without involving complicated bureaucracy through various alternative techniques In the years 1995 and 1996, Lord Woolf has carried out a comprehensive survey to increase access to justice in English Courts. His last report suggested a new civil justice landscape to be introduced wherein the litigation process must be avoided as best as we can, and the landscape will include a less adversarial and complex resolution mechanism besides providing a stricter case management process by judges (Woolf, 1997). Syed Khalid Rasyid (2006) opined that there are three trigger factors that stimulate the fast growth of ADR: (1) The dilemma faced by the government and public that the judicial justice system is dying and is not able to handle the burden of thousands of cases to be decided, (2) Demands of professionals and other parties wherein they feel there is a need of a specific forum that can fulfil their needs, especially a Commercial Arbitration, and (3) Confidence that the court justice system can no longer provide justice for everyone
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