Title: A Look at Alternative Dispute Resolution (ADR)
Abstract: Alternative dispute resolution refers to the means which substitute adjudication and aim at mediating and speedy resolution of the disputes by third parties. While being various, these means and methods all depend on the consent of the parties and their results are often not binding. Arbitration, conciliation, mediation, negotiation, good offices, summary proceedings, impartial assessment, and combined ADR are among the most important of these methods. ADR has a long history and despite the development of modern state and justice continues to exist and constitutes a large portion of national laws and international conventions. Low cost, speed, confidentiality, flexibility, expertise and impartiality are the advantages of ADR. On the other hand, nonbinding character of the outcome of ADR for the parties, nonjusticeability of some disputes by ADR and amenability to political influence of certain methods of ADR are the disadvantages. Despite the long history of ADR in Iranian law and the existence of legal provisions, it has received less welcome than recourse to judicial means.
Publication Year: 2005
Publication Date: 2005-01-20
Language: en
Type: article
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