ADR – Alternative dispute resolution
What’s the ADR?
Alternative dispute resolution (ADR) refers to a variety of processes that help parties resolve disputes without a trial. Typical ADR processes include negotiation, mediation and arbitration.
These processes are generally confidential, less formal, and less stressful than traditional court proceedings. One of the primary reasons parties may prefer ADR proceedings is that, unlike adversarial litigation, ADR procedures are often collaborative and allow the parties to understand each other’s positions. ADR also allows the parties to come up with more creative solutions that a court may not be legally allowed to impose.
ADR methods are used in Iran’s legal system with few differences. Some of them expressed in the laws and regulations of Iran and some others are not mentioned in any statutes of Iran while they are not prohibited too. Therefore, ADR techniques that are known to Iran’s legal system can be divided into statutory and non-statutory.
Since there is no specific Law about negotiation, mediation, conciliation and expert determination, the question is that how disputants can use these methods.
ESK Internationla Law Firm
Our team is composed of highly skilled and versatile lawyers who combine practical experience and academic knowledge of their field. Most of our practitioners have worked in different professional environments, often outside their home jurisdiction.
Negotiation, Conciliation & Expert Determination
Negotiation for solving disputes is a recognized method as it is recommended in SHARIAT. At the same time, Civil Procedural Code, art. 178 to art. 193 contains some rules in relation to conciliation. It should be noted that Civil Procedural Code is binding for civil courts, therefore, they shall respect parties’ decision regarding settling their disputes by conciliation.
Accordingly, if parties decide to settle a dispute without the supervision of a court, they are free to use any rule to govern this process (freedom of contract). Thus when parties decide to resolute their disputes by conciliation, this process will be in accordance with (1) their selected rules, or if there are no selected rules (2) general principles of contract law.
In many cases, disputing parties prefer to use a specific model of law or regulation issued by UNCITRAL or similar institutions. When parties do not choose any kind of rules, the general principles will govern.
One of the most important principles is contractual freedom according to which parties to the contract are free to include any terms and conditions into their contract. Therefore, Parties can set their own rules for the process of ADRs and decide about the outcomes of the process.
Expert determination rules are also included in the Civil Procedure Code (art. 257 to 269). Civil Courts are obligated to follow such rules, however, if parties refer their dispute directly to expert determination, they can set their own rules for the expert in the determination of a dispute. It should also be taken into consideration that the decision of an expert cannot be enforced by itself and it needs a court or arbitration’s order to be enforced (in cases that parties do not voluntarily enforce the expert’s decision).
Arbitration is a kind of private adjudication by which parties to a commercial contract can resolve their disputes outside of a judicial system. In this process, a neutral person called an “arbitrator” hears arguments and evidence from each side and then decides the outcome. Arbitration is less formal than a trial and the rules of evidence are often relaxed. In arbitration, parties agree to accept the arbitrator’s decision as final, and there is usually no right to appeal
ESK Law Firm and ADR Services
Legal disputes can be costly and time-consuming and should be handled with the greatest attention to detail. Our experienced dispute specialists make sure that our clients’ cases are treated diligently and in line with their specific needs and requirements.
Having many years of experience in arbitration and alternative dispute resolution, ESK Law Firm’s partners advise clients on arbitration and ADR clauses in agreements as well as conducting and appearing at mediations and arbitrations.
ESK offers a team of seasoned and experienced attorneys who devote a significant part of their practice to serving as neutrals in arbitrations, mediations and other forms of alternate dispute resolution. Their years of experience as both neutrals and advocates in a broad range of commercial, construction and tort litigation matters, including complex cases, enables them to add significant value when parties turn to alternative dispute resolution.
Drawing on a history of more than one decade in the provision of services we have produced a team of formidable and respected lawyers who can handle the most intricate commercial cases. Our proﬁciency lies in our hard work and tenacity to get the job done no matter the obstacles. We have been known as one of the top Arbitration law firms in Iran and the ‘Go to’ law firm for dispute resolution