[MBA Case Study] Business Law: Find the feasibility of Alternate Dispute Resolutions (ADR)

Alternative Dispute Resolution (“ADR”) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. Mediation is also an informal alternative to litigation.

If there’s a major problem related to money, something is not delivered as per contract, if a product/service is inferior, the more common approach is to take a legal action and go to court, which is a lengthy process in India (and in most places)
But thankfully there are quicker ways to settle their disputes, other than through litigation, which people are resorting to. Want a share in your ancestral property? Not happy with the way you were terminated from the company? You always have the option of going to court. But you also have access to another method (Alternative Dispute Resolution) of resolving disputes that is easier to pursue, is quicker and much cheaper, compared to going to court. More and more high-profile labour disputes, divorce actions, and personal injury claims, are getting settled using ADR, that would otherwise result in litigation.
Alternative Dispute Resolution (ADR) involves resolving disputes without having to go through the formal process of filing a court case. Also commonly known as mediation, ADR is a great method to help resolve conflict without getting into a lot of hassle. We all are well aware of how court cases can drag on for years, wasting valuable time as well as lot of money. That is why many parties are keen to look for alternate methods that will help them resolve their problems; ADR works in most situations and has become a sought after method to resolve issues among warring parties.

MBA questions on this topic:

In today’s corporate scenario undergoing long drawn litigation is expensive and time consuming. The senior management of your company has given you a project to find the feasibility of Alternate Dispute Resolutions (ADR). Please prepare a short brief on what is ADR, its types, advantages and practical examples where ADR is feasible than conventional litigation.

If you were to advise your team on guidelines for external dispute resolution scheme, how would you do it?

Also Read: http://albrightstoddard.com/advantages-disadvantages-adr/

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