Alternative Dispute Resolution (Adr)

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Table of Contents Question 1 What is alternative dispute resolution? a Question 2 The different processes involved in ADR and what it entails. 2 Question 3 Explain the advantages, disadvantages and applicability of the various processes and point out the processes you recommend should be used in respect of internal and external stakeholders. 3 References a Annexure A ADR Organisations b Question 1 What is alternative dispute resolution? Disagreements are an everyday occurrence which can be costly and time consuming to settle. On the other hand, principle 8.6 of King’s (2009:104) report on governance for South Africa stipulate: “The board should ensure disputes are resolved as effectively, efficiently and expeditiously as possible”. Thus, all disputes cannot go through conventional channels as this would put significant strain on formal processes. However, they still need to be resolved. Subsequently, alternative dispute resolution is the answer to this problem through providing an opportunity to settle a dispute. Alternative dispute resolution (ADR) can be seen as a set of processes to resolve disagreements quicker and at lower costs. As this is a faster and more effective way, more people are using ADR processes to resolve disputes which put less strain on conventional government channels. In other words, ADR can be seen as all dispute resolution processes outside the formal channels (labour court) which could include a number of methods. This also makes the selection of a suitable method important. Where no specific method exists to resolve the dispute, one can be designed by incorporating a number of methods in order to find a best fit solution. Bendeman (2007:152) prefers to use the term ‘appropriate’ as to ‘alternative’ in ADR as this would reflect the inclusion of the selection/design process for the best method to settle a

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