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1. What are the concepts and types of alternative dispute resolution?

We have arbitration as the first concept and method of alternative dispute resolution.
Arbitration is a strategy for resolving conflict fairly and equally through a person or persons, or
an official body, without access to litigation by the conflicting parties, as decided upon by the
disputing parties. In arbitration, a neutral third party designated by the parties to the issue
settles the disagreements between them. Even if it approaches a judicial settlement, it has
fewer procedures and allows the parties to choose their own arbiter. It exists and is highly useful
in settling different types of conflicts, including international commercial issues, thanks to the
established less difficult approach.
On the other hand, Conciliation is a non-formal process. It is a private process in which
a neutral third party assists conflicting parties in reaching an agreement. It is a procedure in
which the parties, with the help of a neutral third person or persons, systematically isolate the
problems in disagreement, explore possibilities, consider alternatives, and find a mutually
agreeable settlement that meets their interests. Mediation involves the acceptable solution of
disputes between the parties with the help of a mediator. The mediator's job is to bring the
parties together in order to facilitate an amicable resolution of their disagreements.

Furthermore, negotiation and Mediation are very similar. However, it is more commonly
referred to as a procedure by which the conflicting parties individually settle their
differences.The negotiating process allows the parties to exchange ideas, identify the points of
disagreement, come up with a solution, and get each other's commitment to reach an
agreement.

2. Advantages and Disadvantages of alternative dispute resolution (ADR).

ADVANTAGES

1. The parties have the option of selecting their own arbitrator, mediator, or
conciliator, which means they can choose an expert with experience in the
dispute's subject rather than merely someone with technical and procedural
knowledge.
2. The parties have more freedom in an arbitration procedure to pick the procedural
and discovery rules that will apply to their dispute.
3. Alternative dispute resolution processes are cost-effective because they do not
require the hiring of expert witnesses or attorneys, and they are faster, reducing
the amount of time spent in court and avoiding the costs of costly litigation.
DISADVANTAGES
1. The parties have basic protection, particularly in terms of discovery, because the
ordinary norms regulating discovery in litigation do not apply.
2. A mediator can only resolve disputes that are civil or financial abuse. As a result,
they are unable to issue authoritative injunctive orders.
3. The arbitrator's decision's finality and binding nature might be seen as a
disadvantage because it may not always satisfy the parties, and courts will
sometimes refuse to review it.

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