Additionally, parties to merger and acquisition transactions are increasingly turning to ADR to resolve post-acquisition disputes.
In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation this means that attendance is compulsory, not that settlement must be reached through mediation). ĭespite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years.
However, ADR is also increasingly being adopted as a tool to help settle disputes alongside the court system itself. They are used for disagreeing parties who cannot come to an agreement short of litigation. Alternative dispute resolution ( ADR), or external dispute resolution ( EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes, with the help of a third party.
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