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Answer:
Disputes between businesses, employers and workers, and enterprises and customers are frequently resolved through alternative dispute resolution.
A party elect to pursue litigation in lieu of alternative dispute resolution where the cases are related to more of personnel loss in the form of life and property.
Litigation cases can be seen in the case of criminal law and Alternative Dispute Resolution is more prominent in Civil Matters and Family disputes.
Litigation is a legal term for the settlement of the disputes between two parties in legal court.
The dispute can be related to either personnel or professional issues ranging from family matters, businesses and are classified into Criminal and Civil cases.
Example of Criminal cases- Murder, Theft, Robbery, Forgery, Fraud
Example of Civil Cases- Property Dispute, Trespassing, Real estate and Agricultural dispute.
In some cases few crimes can be the part of both civil and criminal cases for example Trespassing
Punishment for these cases
In case of Criminal law- Punishment related to Imprisonment, penalty and maximum Capital punishment
In case of Civil law- Punishment related to pecuniary and in some cases imprisonment as well
Alternate Dispute Resolution
It is a process of resolving disputes between two parties using the third party as a mediator. They are used for disagreeing parties who could not come to an agreement short of litigation.
Advantages of Alternate Dispute Resolution over litigation
-Cost friendly and time saving
-Parties in controlling position
-Risk Management
-Flexibility of Process
-Suitable for multi party system.
Examples of Alternative Dispute Resolution in different countries:
USA- Structured negotiation is a type of collaborative and solution-driven alternative dispute resolution that differs from traditional Alternative Dispute Resolution options as it does not rely on a third-party mediator and not initiated by a legal complaint. The process is implemented for seeking injunctive relief.
UK- In the United Kingdom, ADR is encouraged as a mean of resolving taxpayers' disputes with Revenue and Customs
Alternative Dispute Resolution is now widely used in the UK across many sectors such as Finance, Energy and Legal Sector.
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