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Essay / Essay on ADR - 2690
The ADR framework has evolved from being classified as an ad hoc means of resolving disputes to becoming a more common form of justice where parties are increasingly opting for ADR as way to resolve future disputes instead of the traditional one. forms of justice. However, the growing resemblance between ADR and traditional forms of justice raises the question of whether ADR has currently evolved into a new form of traditional contentious justice. It can be argued that the definition of justice varies considerably between the three areas, but a common theme is identifiable. Mediation offers a significant number of cases the opportunity to reach a resolution of their dispute in a manner that is fair, equitable and acceptable to the parties, which is not necessarily evident in court proceedings. The ability of mediation to enable disputing parties to tailor justice to their own particular needs can be seen as an extremely positive development. The increasing use of ADR, including mediation, within the traditional confines of court systems can be seen as a means for courts to manage their caseloads in such a way that parties do not rely exclusively on the courts to impose regulations. There is, however, one major concern that may require further research. ADR processes can be