Alternative Dispute Resolution (“ADR”) is an alternative conflict settlement strategy. It follows the main objective of solving conflicts between parties in a stunning way with the help of independent professionals or renowned neutrals. Today the role of the ADR is more important, and the number of agreements with the ADR is increasing. One of the reasons for this development is that the ADR is usually more efficient and time-saving compared to normal justice procedures. As data shows, 80 – 90% of the conflicts being considered under the ADR are resolved successfully.
The current paper examines the most popular techniques for the solution of alternative dispute within the EU, which is mediation. It mainly focuses on the mediation process in civil and commercial conflicts.
This thesis associates ADR development and the European Law Legislative International Trade Conciliation (2002) as well as other laws as well as ADR services, such as ICC and other laws related to the services, CEDR. It conjointly makes comparisons between the US and bound MSs Courts to observe concerning the ADR problems. Additionally, it recognizes the ADR in the light of the right to valid remedy (European Union Principles).
In order to administer a deep insight into the subject, the paper describes additionally the ADR origin, its features and relevance, yet as its benefits over litigation/arbitration proceedings that aimed toward promoting ADR’s larger development to conflict resolution mechanisms.
What is more, it brings up the crucial ADR problems that the parties to a conflict may additionally come across in the path of ADR application, specifically, viability of the agreement responsibility to resort to ADR, capacity detrimental effects for the failure to comply with such duty, confidentiality of the ADR procedure, confidentiality of the ADR method, effect at the statute of issue, and barriers which could occur at the same time as imposing the agreement.