ADR vs Litigation
ADR
- Less Formal than Litigation
- Freedom to Choose the Procedural Rules
- More Accessible than Litigation
- Ability to choose their own Neutral
- The Arbitral Award has the same value as an Ordinary Judiciary Judgment
- Ability of Parties to Appoint Neutral with Specialist Knowledge
- Relaxed discovery
- Relaxed rules of evidence
- Simplified, Flexible & Customized Procedural Rules
- Saves substantial time & efforts
- Quicker results
- Drastically reduced cost of dispute resolution
- Maintains good relationships
- Private & Confidential
- Limited Avenues of Appeal
- A Binding Decision by a Non-Judge i.e. a Neutral
- Global Jurisdiction
Litigation
- Adversary Dispute Resolution Systems – Nurtures Distrust, Distortion & Animosity
- Exorbitant Cost of Resolving Disputes
- Damages & Ruptures relationship due to producing of enough acrimony
- Tarnished Reputations
- Eats up enormous sums of money, time & efforts
- Highly Stressful & Harassment
- Win or Lose Outcomes
- It discloses trade secrets, valuable proprietary information, business & personal behavior etc. in Public Forum
- Procedure & Decision Governed, Restricted & Controlled by Statues
- Limited Jurisdiction
- A Formal Proceedings held in Public
- It has avenues of Appeal
- Adjudication of the Case by a Judge