Beyond the Courtroom: Alternative Dispute Resolution

Written by: Chrisllynn Siah Published: 9 January 2022

Legal equality, or the idea that everyone is equal before the law, is a concept that has been embraced by many nations, and implemented into their national laws or constitutions. For example, Section 15 of Australia’s Human Rights Act 2019 states that “Every person has the right to recognition as a person before the law” (“Your right to recognition and equality before the law”). Legal equality is important because it ensures a globally recognized form of protection: legal representation in court. Without the assurance of a legal protection, the legal consequences of the wrongdoings committed against us may hold no weight. For instance, an employer could unlawfully fire an employee and, without equal protection under the law, the worker may not be able to rely on the court to impose legal ramifications on the employer.

With the idea of legal equality embedded in the numerous nations’ legal systems, it is unfortunate that not everyone can afford to take legal action. Legal fees are extremely high; for instance, the hourly rate for legal consultation in Singapore is SGD$100 to $500 – and not all members of society, such as single parents, retirees, or the recently unemployed can afford them. It is unlikely that everyone in a country can receive equal representation under the law if the costs place a large financial strain on some. So, in cases where individuals are unable to afford litigation fees, how can they resolve their legal disputes in a safe, neutral setting without going to court?

The solution is alternative dispute resolution (ADR), the overarching term for “any means of settling disputes outside of the courtroom” (Legal Information Institute). Many ADR methods are legally binding, meaning that it has the same legitimacy as a decision made in the courtroom. The advantages of seeking ADR are: it is usually cheaper, more flexible – as parties can agree on a neutral location, and is typically faster than going to court.

The most informal method is negotiation. Despite its elementary nature, it is one that is present in “all aspects of everyday life, whether at the individual, institutional, national or global levels”. Negotiation is any formal or informal communication between parties, either directly or through a lawyer (Government of Canada). Put simply, it is a confidential discussion between two or more parties to resolve the issue at hand.

Another common ADR method similar to negotiation is mediation, where the discussion is instead led by a facilitator who guides them to a “mutually beneficial” outcome (The Law Society of Singapore). As with negotiation and most ADR methods, mediation is confidential. This approach is commonly used in family-related disputes, such as divorced parents who cannot decide on who has custody rights of their child(ren). Mediation helps preserve or foster an amicable relationship between parties even after a consensus has been reached.

Many of us are in fortunate positions where legal representation is a given reality. However, it is important to recognize the communities around us who do not have the same privilege. The existence of ADR supports the idea of equal protection under the law, offering citizens multiple avenues to solve legal problems. As youths, it may be hard to understand how emotionally and financially stressful attending court may be. Yet, as we mature and become more independent, we will soon realize the sense of security that ADR can guarantee oneself.