ADR (Alternative Dispute Resolution)
▍1. What is ADR? What is its origin?
In addition to general lawsuits filed in a court where it issues a judgement, private disputes can also be resolved by means such as “mediation”, “conciliation”, or “arbitration”. These means are what we call “Alternative Dispute Resolution (ADR)”, or (訴訟外紛爭解決機制 in Chinese).
▍2. What are the types of ADR? How are they different?
Based on characteristics of relevant moderators, ADR is roughly divided into three types: judicial type (court mediation), administrative type (ex.: consumer dispute mediation committees in municipalities and county or city governments and mediation committees of township offices), and non-governmental types (ex.: arbitration associations).
▍3. What types of cases are suitable for ADR?
In principle, any civil dispute can be resolved through the ADR process, whether it is a daily dispute (such as a car accident, a housing water leak, an apartment building dispute, or buying or selling of goods), or a labor dispute with an employer, a real estate dispute, or even medical malpractice disputes, consumer disputes, construction disputes, and public nuisance cases. All of the above types of disputes can be resolved by using the ADR process.
▍4. What are the benefits of ADR?
(1) When a lawsuit is filed in a court, a judge will determine in a judgement which party is right or wrong according to the laws and regulations via the litigation process. The parties involved must collect evidence, pay court costs, and appear in the courts. This process may require more time, and a judgment may result in an absolute winner and loser between the parties, which may not be satisfactory for both sides.
(2) Through the ADR process, the two parties can propose mutually acceptable solutions, negotiate directly to settle the dispute, save both time and money, settle the dispute more quickly, and accelerate the realization of rights. One example can be found in the March 11, 2011 earthquake in Japan resulting in the Fukushima nuclear disaster. To enable disaster victims to obtain compensation more quickly, the local governmental authority and bar associations worked together to achieve an 80% acceptance rate among victims within the first year of the accident to proceed with ADR to resolve their disputes, resulting in a win-win situation for both sides. It is also an example of administrative-type with an added civil-type ADR component—an achievement in ADR efforts.
(3) Additionally, in the realm of judicial ADR, many courts are currently adopting “medical and legal dual arbitration.” This means that in a medical malpractice dispute case, both medical and legal professionals serve as arbitration committee members to conduct the arbitration proceedings. In this way, within the intersection of medical skill and legal judgment, professional specialists can participate and achieve a resolution more quickly.
(4) Overall, ADR has benefits of lower costs, shorter time to resolution, and professionalism.
▍5. How can I find an ADR organization?
In the past, parties could not easily find ADR organizations because there was not an integrated information source. The Judicial Yuan, in an effort to provide the public with a method to quickly find a dispute resolution mechanism, established the “Alternative Dispute Resolution (ADR) Mechanism Search Platform” to more effectively connect parties to administrative and private ADR options. With this platform, parties can now quickly find an organization through the official website of the Judicial Yuan to help resolve disputes. Search parameters include keywords such as relevant organization type (administrative or private), type of dispute (environmental, medical, real estate, intellectual property, construction, consumer protection, condominium, financial, and other types), and the name and location of the organization.
- Release Date : 2019-11-01
- Update : 2019-12-02