An Assessment of the Effectiveness of Alternative Dispute Resolution Methods

Authors

  • Anup Sauden Madan Bhandari Memorial Academy, Urlabari 3, Morang, Nepal
  • Surya Chhetri Walden University, Minnesota, USA

Keywords:

Alternative Disputes Resolution (ADR), Negotiation, Conciliation, Mediation, Adjudication, Arbitration, Litigation, Claims, Conflicts, Disputes

Abstract

This study assesses the effectiveness of Alternative Dispute Resolution (ADR) practices in projects run under the Department of Roads of Nepal government. Secondary data from case studies and primary data from questionnaire and key informant interviews are analysed in view of the decisions regarding the use of ADR in settlement of road project cases. The research uses a descriptive method in the assessment. Out of eight (8) projects, disputes related to four (4) were settled by litigation based on ADR (Adjudication and Arbitration) decision, one was sent for the reformation of arbitration by court/litigation and three (3) were awarded by ADR (Arbitration) but remained pending in the settlement process by litigation till 14 May 2022. Negotiation (i.e. amicable settlement) is the most applied ADR to resolve the disputes followed by Conciliation, Mediation and Adjudication. Arbitration is used as the last stage of ADR due to its high legal value in spite of the high time and cost. The study is significant for professionals to overcome the identified causes effectively to create zero-dispute projects by handling the issues in real time.

Downloads

Download data is not yet available.
Abstract
125
PDF
369

Author Biographies

Anup Sauden, Madan Bhandari Memorial Academy, Urlabari 3, Morang, Nepal

Engineer, Government of Nepal

Surya Chhetri, Walden University, Minnesota, USA

HRM (Research Dept.)

Downloads

Published

2023-07-11

How to Cite

Sauden, A., & Chhetri, S. (2023). An Assessment of the Effectiveness of Alternative Dispute Resolution Methods. Journal of Productive Discourse, 1(1), 53–64. Retrieved from https://www.nepjol.info/index.php/ProD/article/view/56519

Issue

Section

Research Articles