Kenya ADR Law : Advantages and Disadvantages of Alternative Dispute Resolution

ADR has several advantages over litigation:
*.Suitable for multi-party disputes
*.Lower costs
*.Likelihood and speed of settlements
*.Flexibility of process
*.Parties' control of process
*.Parties' choice of forum
*.Practical solutions
*.Wider range of issues can be considered
*.Shared future interests may be protected
*.Confidentiality
*.Risk management

However, ADR less suitable than litigation when there is:
*.A need for precedent
*.A need for court orders
*.A need for interim orders
*.A need for evidential rules
*.A need for enforcement
*.Power imbalance between parties
*.Quasi-criminal allegations
*.Complexity in the case


No comments:

Post a Comment