Comparative Analysis of the Significance of Alternative Dispute Resolution and Court or Tribunal for Civil Cases

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Mikail Baiukkishiev
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Aim, Objectives and Scope of the Investigation- A comparative analysis of the significance of the ADR and court or tribunal for civil cases is the prime research aim of this dissertation. The objectives of this dissertation mainly included a critical and comparative review of the civil cases settlement in the ADR and court or tribunal. It also examines the significance of the ADR in civil cases settlement and the significance of the court or tribunal process in a civil case based on benefits (pros) and costs (cons). Lastly, it determines reasons for preferring the ADR over litigation for civil cases. This dissertation has a broader scope of the investigation as the existing studies have not widely presented the significance of the ADR specific to the civil cases in contrast to the court proceedings. Therefore, a good scope has remained for the empirical data search in this direction. Method and Methodology- Interview and desktop or library research methods were used for gathering qualitative data to cover thorough knowledge of the ADR and litigation or judicial proceedings. The chosen method contributes to collecting multiple and different views to conclude the effectiveness of the ADR based on the multiple realities. The interview met the demand for empirical data, and library research provided theoretical data. Within qualitative research, interpretivism, inductive, mixed exploratory and explanatory designs were applied for the detailed subjective knowledge about the ADR and court procedure for the civil cases. Summarise the Results- Thematic analysis has indicated that the application of the ADR for civil cases in contrast to the court or tribunal is more significant. It is so because of more pros over cons, such as time and cost efficiency, lesser complications and parities satisfaction, and relationship improvement within ADR. This cannot be indicated relevance of the litigation than the ADR is lost in the present time due to significance of the standard laws and legal experts’ involvement. Principal Conclusions- The court has also allowed acceptance of the ADR dispute solution to deal with the issue of delayed and complex procedures in the court proceedings and increased pending civil dispute cases. Additionally, people trust in the legal advice of the arbitrator or mediator is relatively higher or good even though it is informal, bargaining power and suitability of the legal process is the important considerations.
Baiukkishiev, 2022