Name: Putri Oktovianita

Class/Batch: IR Defense 2/2015

IDN: 016201500091

Differences of Diplomacy, Litigation, Arbitration, and Adr.

1. Alternative Dispute Resolution (ADR)

The term “Alternative Dispute Resolution” (ADR), is generally used to describe the
methods and procedures used in resolving disputes either as alternatives to the traditional
dispute resolution mechanism of the court or in some cases supplementary to such
mechanisms.

ADR arose largely (as stated earlier) because the litigation process was and still is, unduly
expensive- in the long-run and especially prolonged as a result of judicial technicalities
embedded in that method of dispute resolution. Apart from the fact that businessmen and
women now prefer private resolution of their disputes to exposure to the machinery available
in the glare of the regular courts, there is the advantage that settlement through ADR avoids
what can be best described as brinkmanship and acrimony, which often times arise in
litigation. It reduces hostility and antagonism; but most importantly, ADR saves business
relationships and encourages a continued cordiality between the parties. These are made
largely possible because the procedure provides greater room for compromise than litigation.

2. Arbitration

Arbitration is an ADR (alternative dispute resolution) method where the disputing parties
involved present their disagreement to one arbitrator or a panel of private, independent and
qualified third party “arbitrators.” The arbitrator(s) determine the outcome of the case.

While it may be less expensive and more accessible than trial, the arbitration process has
well-defined disadvantages. Some of disadvantages include the risk losing, formal or semi-
formal rules of procedure and evidence, as well as the potential loss of control over the
decision after transfer by the parties of decision-making authority to the arbitrator. By
employing arbitration, the parties lose their ability to participate directly in the process.

In addition, parties in arbitration are confined by traditional legal remedies that do not
encompass creative, innovative, or forward-looking solutions to business disputes.

3. Litigation

1
Name: Putri Oktovianita
Class/Batch: IR Defense 2/2015
IDN: 016201500091

Litigation is generally something people seek to avoid. It's expensive, time consuming,
emotionally draining and unpredictable – until a judge or jury decides the case, you can never
be certain of the outcome.

It’s because litigation is so inefficient for most of us, alternative dispute resolution, such
as arbitration and mediation, has become increasingly popular.

4. Diplomacy

Diplomacy is the art and practice of conducting negotiations between representatives of

groups or states. Diplomacy in international relations is the daily interaction between states
often through the use of negotiations and discussions

It usually refers to the conduct of international relations through the intercession of

professional diplomats with regard to issues of peace-making, trade, war, economics, culture,
environment, and human rights. International treaties are usually negotiated by diplomats
prior to endorsement by national politicians.