Alternative Dispute Resolution Methods in Sri Lanka
Alternative dispute resolution in Sri Lanka
1. Arbitration – Arbitration Act of 1995 2. Mediation 3. Conciliation
The advantages of the ADR methods are that the parties themselves are in the best position to know the strengths and weaknesses of their cases and therefore the negotiatory process can be undertaken where there is a willingness rather than engage in expensive litigation which is controlled mainly by outsiders – the lawyers.
Importance of alternative dispute resolution (ADR) * The concept of ADR has gained wide currency in view of the shortcomings associated with the adjudicatory process through courts of law in diverse jurisdictions.
* Settlement of disputes through litigation has led to serious shortcomings such as cost of litigation, the delay and technicalities of law etc.
* Especially where commercial disputes are concerned, the faster a dispute is resolved by the parties, it is far better for parties who can continue their commercial activities without being tied down to a long and tedious adjudicatory process.
* The above methods are a private process and therefore an advantage to those who do not wish details of their disputes to be disclosed in open court.
Arbitration
* It has to be a dispute arising out of a contractual relationship between the parties, the contract having an “arbitration clause”
* In the case of Arbitration, an experienced arbitration tribunal should be able to grasp quickly the salient issues of fact or law and to save the parties time and money. They can also the arbitrators can follow the case from the beginning to end sooner than a court of law.
* Arbitration in principle is more flexible and adaptable as a result quicker and more efficient than litigation.
* Arbitration tribunal can make binding decisions on the parties
Mediation
* It is a process by which disputing parties engage the assistance of a neutral third party to act as a mediator- a
1. Arbitration – Arbitration Act of 1995 2. Mediation 3. Conciliation
The advantages of the ADR methods are that the parties themselves are in the best position to know the strengths and weaknesses of their cases and therefore the negotiatory process can be undertaken where there is a willingness rather than engage in expensive litigation which is controlled mainly by outsiders – the lawyers.
Importance of alternative dispute resolution (ADR) * The concept of ADR has gained wide currency in view of the shortcomings associated with the adjudicatory process through courts of law in diverse jurisdictions.
* Settlement of disputes through litigation has led to serious shortcomings such as cost of litigation, the delay and technicalities of law etc.
* Especially where commercial disputes are concerned, the faster a dispute is resolved by the parties, it is far better for parties who can continue their commercial activities without being tied down to a long and tedious adjudicatory process.
* The above methods are a private process and therefore an advantage to those who do not wish details of their disputes to be disclosed in open court.
Arbitration
* It has to be a dispute arising out of a contractual relationship between the parties, the contract having an “arbitration clause”
* In the case of Arbitration, an experienced arbitration tribunal should be able to grasp quickly the salient issues of fact or law and to save the parties time and money. They can also the arbitrators can follow the case from the beginning to end sooner than a court of law.
* Arbitration in principle is more flexible and adaptable as a result quicker and more efficient than litigation.
* Arbitration tribunal can make binding decisions on the parties
Mediation
* It is a process by which disputing parties engage the assistance of a neutral third party to act as a mediator- a