Merits and Demerits of Alternative Dispute Resolution over the Irish Litigation Courts Essay Sample
The following essay sample shall focus upon the various merits and demerits of Alternative Dispute Resolution over the Litigation Courts in Ireland.
Whenever two parties decide to enter into a contract and they face disputes regarding terms and conditions of the contract. In such a case they have two alternatives to approach a civil court or an ADR process (mediation, conciliation, negotiation).
Approaching an ADR is far better than traditional courts because the courts follow a long, costly and tedious process to settle the matter. While an ADR is cost-efficient as it involves both the parties to negotiate terms outside the courts and settle down at a point.
Merits of Alternative Dispute Resolution over the Litigation courts
There are many advantages or merits of Alternative dispute resolution in comparison to the traditional courts of Ireland. Some of the merits of ADR are:-
Privacy and Confidentiality
The litigation is basically a public process in which both the parties along with other lawyers and audience in public premises are present.
They are present throughout the proceedings of the case and the private details are disclosed to the public threatening the confidentiality of the matter.
While arbitration is a process in which only people connected to the case, arbitrators and parties involved are only permitted to be present in the proceedings.
Simplified ADR proceedings in comparison to courts
There are prescribed legal proceedings meant for the traditional courts to follow in case of any violation of the legal right of a person. He can only initiate the proceedings in the court under appropriate laws of the land.
While arbitration proceedings are less formal and done on the basis of an arbitration agreement only if it exists.
Choice of location in ADR proceedings
In the litigation, the aggrieved person has to attend the legal proceedings wherever the court wants. While in the arbitration proceedings parties can choose the place of proceedings and can even change in the future with the consent of the Arbitral tribunal.
Selection of judges or adjudicators
In litigation, parties do not have a legal right to choose the judge to preside over the case. The state appoints the judiciary and the same judge may not preside over the complete case. Judges can change from the initiation of proceedings up to the final determination of the case.
While in arbitration proceedings any person can be appointed as an arbitrator by the choice of the parties and will preside over the case till the end.
Litigation is not only a very lengthy process but also very complex and costly. Parties need to hire a lawyer along with a lot of paperwork and documentation is done increasing the cost of proceedings.
While arbitration is a cost-efficient process in which proceedings are less lengthy and fixed thereby reducing the cost.
Less formality and more flexibility in ADR proceedings
In the traditional court proceedings, there are detailed court rules, conduct, procedures that need to be followed during the proceedings.
While in the arbitration, parties can follow their own procedure in the ADR. It is mostly less formal, procedural, and more flexible in its proceedings leading to speedy redressal of issues.
ADR avoids unnecessary delay and bureaucracy
Since litigation is a time-consuming process it has many limitations as it mostly includes formalities and work.
While arbitration with proper arbitrator and parties have set procedures and a fixed time period to resolve disputes which avoids unnecessary delay and bureaucracy.
Demerits of Alternative Dispute Resolution over the Litigation courts
- The arbitration process can turn out to be expensive as every expense are borne by the parties. The cost incurred in this process can be huge as all the expenses are taken up by the parties to the agreement. While in litigation the costs incurred by the judge is not borne by the parties.
- Ireland has many expert mediators but still if the mediator is not chosen on the basis of their experience. Then he can make the process lengthy and expensive for the parties as he may not be able to settle the matter fast.
- Arbitrators can resolve monetary issues but cannot order or restrain (order for injunction) to a party. They cannot change the title of the property.
- There is a limited possibility of a judicial review of the decisions of arbitrators. Review of decisions and final determination of a case is only done in the courts.
- Courts have the judicial power to overrule the decisions of the arbitrators if they find that the decision is not within the ambit of the arbitration agreement.
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The above sample mentions the merits and demerits of ADR over the litigation courts.
Law, Law interns, and QQI students specializing in the Mediation field of Law can read this essay to understand the differences between ADR and litigation courts.
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