Question

What is the difference between litigation and Alternative dispute resolution (ADR) and why is ADR becoming so popular?

Answer 1

LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION [ ADR ]

- WHAT IS LITIGATION

It is an action brought in court to enforce an particular right. It is the process of taking egal action. Litigation is the ultimate legal method for the dipute settlements among persons, organizations and the state. Litigation begins , when someone decides to formally enforce and defend his/her legal rights.

-WHAT IS ALTERNATIVE DISPUTE RESOLUTION

It is otherwise known as external dispute resolution. ADR is a process in which a third party or mediator/ arbitrator who helps to forms an agreement from the dispute. It is a collective term used for the ways that parties can settle their disputes.

- WHAT IS THE DIFFERENCE BETWEEN LITIGATION AND ADR

LITIGATION	ALTERNATIVE DISPUTE RESOLUTION
It is a formal, legal process of solving the disputes among the public through a court with judges.	It is a private process, where parties works with third parties to solving disputes.
These process are private and only designated parties will be there to solve disputes, and proceedings are strictly confidential.	These are not confidential at all. and is open to public.
It will take a long time for dispute settlements than ADR.	Appeal rights are very limited, and disputes will be settled more quicker
Since the time taken for dipute settlement is high, the cost incurred for such process will also be high.	Less time and low cost is it's advantage.
It is a law suit.	Settlement between the parties made in out of the court.

-WHY IS ADR BECOMING MORE POPULAR

One of the main reason for the popularity of alternative dispute resolutions is , it is a more time saving and cost effective process for dispute settlement. It avoids costly and time consuming trials .It also avoid the overcrowded courtrooms ;thereby time and cost expenses.

Going to court for disputes is a much expensive and time consuming process. In such situations ADR helps to solve disputes without time lags and overcost. The court system can dragout the process for a long time. And it is also possible that dipute is not resolved over years. Under these circumstances, ADR is the best tool for dispute settlements. ADR also helpful to lower the pressure of court in resolving vast number of cases. ADR is an attractive option nowadays, and is likely continue to grow in popularity . There are more benefits for using ADR, and they are:

• Flexibility and control
• Time saving process
• Cost effective process
• Speed
• Simplified rules etc.

ADR can be applied to various types of diputes from different laws like:

• Public disputes
• Employment law
• Family law
• Commercial laws etc.