USAID Supports Alternative Dispute Resolution
In Latin America and the Caribbean
Overview
Alternative Dispute Resolution (ADR) is an exercise through
which community-based disputes are resolved by facilitated negotiation,
conciliation/mediation, and arbitration. These mechanisms often
precede or replace formal court proceedings and may include
processes designed to manage community tension.
Typical characteristics of ADR include:
Flexibility and informality: ADR processes are less
formal than judicial processes and lack the extensive written
documentation of formal proceedings. They increase access
and facilitate solutions for citizens who are intimidated
by or unable to participate in more formal judicial systems.
Equity: ADR is more concerned with equality than
the rule of law. Resolutions are based on principles and terms
that are determined to be equitable for each particular case
rather than on uniformly applied legal standards. This becomes
particularly important in societies, in which citizens do
not receive fair justice under the formal legal system.
Direct participation and communication between disputants:
With ADR, disputants design their own settlements and therefore
are required to engage in direct dialogue with one another
in the interest of reconciliation. This participation is essential
to lasting and solid resolutions.
Alternative dispute resolution is an important option in
countries where:
- Case backlogs or complex procedures impair court effectiveness;
- Illiterate and/or poor people cannot afford to navigate
conventional legal channels; or
- Small informal systems can better reach a geographically
dispersed population.
ADR models can emphasize the importance of reconciliation
and relationships over “winning” in dispute resolution.
Mutually agreed-upon outcomes allow for creativity and increased
satisfaction with judicial processes (thereby increasing court
responsiveness to local conditions and compliance with court
judgments).
Next section - USAID Alternative
Dispute Resolution Activities in Latin America and the Caribbean
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