Alternative dispute resolution (ADR) is more and more common throughout the world. In more cases participants will use ADR to solve their conflicts. 95 percent of all civil cases filed in court are resolved without going to trial . This paper will discuss why alternative dispute resolution is in most cases more useful than the normal court and judicial system. In order to prove this point, this paper will argue the advantages of ADR and the disadvantages of the court system for resolving disputes and conflict, by defining the way that ADR works as opposed to the way the court system is administered. This paper is supported by the book: when push comes to shove written by Karl A. Slaikeu. It is also mainly supported by a fascicule written by the Department of Justice Canada called: Resolving disputes think about your options. Other sources where also used in order to enrich this paper. .
There are many types of conflict for example: competitive and disruptive. In competitive conflicts, there can be a victory for one party only at the cost of the opponent's total loss. On the other hand, in disruptive conflicts, parties are intent upon reducing, defeating, harming or driving the opponent . Since not all conflicts are the same, ADR can help reconcile specific cases. .
Mediation is the first form of alternative dispute resolution (ADR). This method of dispute resolution is in many ways better than the court system. This method of resolving disputes has been used for centuries. The mediation process is usually used prior to other forms of alternative dispute resolution or to going into the court system. This method is not as formal as the court and is also more personal. The mediation process involves a mediator. A mediator is an unbiased and impartial person. This person is there to assist the two parties in their negotiations and to suggest solutions that satisfy both parties. When two parties employ mediation, they are more likely to finish with a (win-win) situation where everybody is satisfied with the decision than a right and wrong decision that the court would lead to.
