The Benefits of Alternative Dispute Resolution

Mediation, conciliation, case appraisal and arbitration are all forms of alternative dispute resolution. As the legal process has evolved, such forms of alternative dispute resolution have become mandatory. This is in recognition of the benefits of alternative dispute resolution.

So, what are the benefits?

  • Alternative dispute resolution is a quicker process than the traditional option of litigation;
  • Alternative dispute resolution is a cost-effective process, without ongoing legal costs, including filing fees, court fees, witness expenses, and lawyers’ fees;
  • Alternative dispute resolution is often held privately and conducted on a ‘without prejudice’ basis, hence avoiding newspaper reportage, court reportage and transcription;
  • Alternative dispute resolution allows parties to fully communicate with one another in a positive and constructive environment, which is managed by a neutral intermediary;
  • Alternative dispute resolution is conducted without the formal protocol or procedures in which the court process occurs, making it a simplified process to litigation;
  • Alternative dispute resolution assists the parties to maintain their existing relationship with one another, which would otherwise be damaged beyond repair through the litigation process.

Therefore, parties should seriously entertain the option of engaging in a process of alternative dispute resolution.