Abuse of Process in ADR
Abuse of Process in Alternative Dispute Resolution (ADR) refers to the improper use of the ADR process to achieve outcomes that are not aligned with its intended purpose. This can occur when a party exploits the ADR framework to harass, delay, or gain an unfair advantage over the opposing party.
Abuse of Process can manifest in various ways within the context of ADR, such as:
-
Filing Frivolous Claims: A party may initiate an ADR process with claims that lack merit solely to burden the other party with unnecessary costs and time.
-
Delaying Tactics: One party may repeatedly request postponements or engage in behaviors that unnecessarily prolong the ADR process, thus obstructing a timely resolution.
-
Improper Conduct During Hearings: This can include actions like presenting misleading evidence, failing to comply with procedural rules, or attempting to intimidate the opposing party or witnesses.
-
Excessive Demand for Resources: A party might overwhelm the ADR process by making excessive demands for documentation, witness testimony, or other resources that go beyond what is reasonable or necessary for the resolution of the dispute.
The implications of Abuse of Process in ADR can be significant. It can lead to increased costs for all parties involved, prolong the resolution of conflicts, and undermine the integrity of the ADR system. In some jurisdictions, courts may impose sanctions or dismiss claims if abuse of process is proven, reinforcing the need for parties to engage in ADR in good faith and with genuine intent to resolve disputes.
« Back to Glossary Index