about CADRI

Alternative Dispute Resolution (ADR), also called “Appropriate Dispute Resolution” is generally used to define mechanisms and techniques aimed at resolving disputes without resort to litigation. These ADR mechanisms are particularly of significance in improving access to justice within the civil justice system.

There are different types of ADR mechanisms, such as mediation, negotiation, expert determination, early neutral evaluation, and arbitration. Though ADR processes have different features, they share common advantages over litigation such as being party-driven, informal, flexible, private, confidential and cheaper dispute resolution processes. Most of them enable the disputing parties to develop solutions that work for them, which in turn preserve their business relationships.

Civil courts, which are already bursting at the seams with large dockets, would also have to contend with an increase in the number of disputes that will arise as a result of COVID-19 pandemic and the attendant lockdown. Although in some jurisdictions, these courts are able to continue their services through virtual proceedings, this is not possible in others as the necessary infrastructure to support virtual proceedings is lacking or inadequate. In some jurisdictions, there is uncertainty about the constitutionality of virtual court proceedings.

All these lead to uncertainties and litigants would no doubt suffer considerable delay in civil courts. The saying that justice delayed is justice denied may be a reality. Fears are also being expressed that virtual court proceedings or judgments delivered online or by virtual means may subsequently be set aside by the highest court in the land.