In Malaysia, parties in a civil dispute are advised to settle their disputes outside the courtroom and this type of resolution is called the alternative dispute resolution (hereinafter referred to as ADR). In Malaysia, ADR is confined only to civil cases. Unlike Malaysia, some countries allow ADR to be exercised in criminal cases.
Among the purposes of its introduction are to provide an alternative settlement outside an open court which is private and less time-consuming while giving the opportunity to the parties in dispute to decide on their terms of settlement and to reduce backlog of cases in the courts.
There are four forms of alternative dispute resolution, i.e., negotiation, mediation, conciliation, and arbitration. These methods of ADR are becoming increasingly popular mechanisms to resolve disputes.
Discuss the various types of Alternative Dispute Resolution (ADR) in Malaysia and identify their advantages and disadvantages.
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Answer: Alternative dispute resolution is an important way in which people resolve disputes among each other without getting into a trial. There are different types of alternative dispute resolution methods available in Malaysia and these are broadly classified as mediation arbitration and adjudication. Each of these methods have advantages and disadvantages, and they are briefly as follows:
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