LEGAL TECHNICALITIES AND THE USE OF ALTERNATIVE DISPUTE MECHANISMS IN DISPUTE SETTLEMENTS

Abstract

Alternative Dispute Resolution (ADR) has gained a remarkable recognition as one of the most effective means of dispute resolution, its unique nature of arresting dispute and attaining justice within the shortest period possible without recourse to court or the application of undue technicalities of law has contributed to its attractiveness. However, its effectiveness in overpowering the intricacies of legal technicalities remains a topic of debate. This study conducts a radical evaluation of ADR in contrast to the technicality of the law, aiming at providing an insight into its implications for legal exercise and coverage. The article starts with an overview of ADR and the growing incidence of legal technicalities in modern-day litigations. It delineates the numerous kinds of ADR, such as; mediation, arbitration, conciliation and negotiation. With the use of analytical and comparative approach, the study investigates how ADR is able to cope with legal technicalities, it illustrates times wherein ADR has successfully resolved disputes while considering the challenges it faces in addressing complex issues of legal dispute. The work tries to bring about a balance between ADR and the technicality of the regulation in cutting-edge legal systems. The article concludes with a forward-searching angle on destiny traits in ADR and legal technicalities, underscoring the importance of non-stop analysis and modeling in the pursuit of effective dispute decision.