With court litigation all evidence related to dispute will be offered to

With court litigation all evidence related to dispute

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lawsuits. With court litigation, all evidence related to dispute will be offered to evaluate reasons and other aspects related to disputes (Ali and Geng, 2019). ADR generally resolves civil disputes and money issues and it is a disadvantage of ADR. Proceedings of ADR do not lead to injunctive order and ADR could not lead to orders forcing relevant parties of disputes to perform or to stop performing a certain affirmative action. However, courts have injunctive orders that require parties to perform particular actions and to stop conducting certain affirmative actions (Zimmer, 2011).
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There are no guaranteed resolutions and this is a disadvantage of ADR. ADR method cannot result in a dispute resolution. It means that two parties can invest their money and time in resolving the dispute out of court but they finally perform trial and litigation before a jury or a judge (Blake et al., 2012). ADR cannot protect legal rights of dispute parties because it does not have serious and injunctive orders. However, court litigation can protect legal rights of the parties based on laws and regulations (Cahn and Abigail, 2007). With ADR, parties are not forced to continue mediation or negotiation. Then the settlement of dispute cannot be created for parties and then ADR cannot support the parties to handle their dispute. As a result, court litigation must be performed to handle their dispute (Rasnic, 2004). Neutral arbitrators or mediators charge fees for their services and the fees could be high. However, a judge does not charge fees for his or her services (Roumeas, 2019). Non-binding arbitration is a disadvantage of ADR. A court sometimes can have orders for non-binding arbitration. It reflects that if arbitrator has a decision that makes a party satisfied, the party can require a court trial. If the party does not gain a more favorable outcome at the court, the party will pay fees or penalty to the other party. This is an aspect that the party does not expect (Zimmer, 2011). In addition, ADR method might be used as a stalling tactic of handling dispute in several cases. In particular, when parties want to have more time to collect mutual evidence related to the dispute, they can only use ADR as a stalling tactic of handling their dispute (McGregor, 2015). Conclusion In conclusion, ADR has its own advantages and disadvantages. In terms of the advantages of ADR, there are aspects such as more flexibility, the right to choose mediator or arbitrator, the non-involvement of a jury, a reduction of costs of handling dispute, fast speed of handling dispute, the ability to keep dispute results confidentially, more participation of litigants, the ability to foster cooperation between two parties and the level of less stress of dispute. However, ADR has its disadvantages such as decisions of arbitration are final, there are limitations of processes of discovery of aspects related to disputes and ADR generally resolves civil disputes and money issues. Other disadvantages of ADR are that there are not guaranteed resolutions, that there is non-binding arbitration, that ADR cannot protect legal rights of dispute parties, that
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