
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution is a fundamental right enshrined in article 17 of the Constitution. In 2008 it was incorporated into the Constitution as a means of access to justice through dialogue and understanding. ADR refers to any means of settling disputes outside of the courtroom.
Claudia Villavicencio (2020) explains that ADR is a real alternative to access a different justice that comes from the people. Mediation, arbitration, and negotiation allow parties to understand each other’s positions in a collaborative way. ADR is the space that is opened, so that with the support of an expert, the parties can dialogue, express themselves and put everything on the table to understand each other and possibly reach an agreement without the need of litigation.
The guiding principles of ADR are consent, honesty, verbal communication, neutrality, legality, fairness, impartiality, confidentiality, and voluntariness. The main goal of conciliation process is to change the spirits of those who are opposed to each other, and the mediators assist the parties and propose solutions to them.
At Íntegro Legal Consultores, we seek to do things differently to achieve different results. In alternate processes, we collaborate to provide legal certainty and a real solution to our clients, but with a different approach.
If you have questions or require information related to these issues, please contact us at info@integrolegal.com.