Wherever there are differing goals, interests, values, attitudes, and perspectives there will be disputes. After all, people naturally want to claim or protect their rights.
Since many disputes (like any sort of conflict) are avoidable, they are inherently wasteful because they consume time, money, and other resources to resolve. By definition, any sort of waste is environmentally unsustainable because it causes an unnecessary increase in ecological footprint.
The most sustainable approach would be to prevent disputes from happening in the first place. Best practices like good preparation, detailed written contracts/agreements, clear definition of roles and responsibilities, insurance, allowances for contingencies, and trying to negotiate a win-win outcome for everyone involved, can limit disputes arising. Prevention of disputes is also significantly supported by good connections between parties, through ongoing relationship building, open dialogue, transparency, respect and goodwill.
However, even with good relationships and best practices, disputes will inevitably happen. Disputes are normal and cannot all be foreseen or prevented. This means disputes remain common – in commerce, in relationships, and in other spheres of human relations.
Litigation or ADR
Disputes often escalate to litigation, leading to court proceedings. However, there are alternative processes for resolving disputes without going to trial that come under the umbrella term ADR which stands for Alternative (or Appropriate) Dispute Resolution. These ADR processes include mediation, arbitration, adjudication, conciliation, facilitation, and expert determination. All involve an impartial person assisting the disputing parties to resolve the issues between them.
Litigation often has a larger ecological footprint relative to ADR. Court processes can involve many people such as judges, clerks, registrars, bailiffs, jurors, lawyers, expert witnesses, reporters, and so on. In addition, there is the physical infrastructure that houses the judicial system like courts and chambers, plus extra overheads such as documentation, IT systems, energy consumption and travel.
ADR has a smaller ecological footprint
The less formal ADR processes generally require less physical infrastructure and supporting resources than litigation, translating directly to:
Less use of consumable materials and goods
It is now common for court and ADR proceedings to exchange documents digitally. Thus, it is easier to make the conscious choice to forego physical copies. However, this choice is not universal. ADR, specifically mediation, rarely involves anything like the same volume of document exchange as a contested hearing.
Decreased energy consumption
The sustainability of cloud storage is a complex balancing act. With the rising popularity of this document storage option, there is also a growing focus on ensuring that data storage centres have environmentally sustainable infrastructure.
Smaller carbon footprint
Another consequential advantage of ADR mechanisms is that they typically involve less people and resources, making it cheaper than court processes – in many cases significantly cheaper.
Less individuals involved means less traveling required, which also leads to a commensurate reduction in carbon footprint. Additionally, mediations and other ADR processes are increasingly being conducted online further reducing the footprint of dispute resolution.
The opportunity for less formal proceedings that can remain confidential, fair, and flexible is often why parties choose ADR; the fact that ADR is more sustainable is currently viewed as more of a side benefit.
Conclusion
ADR processes are a proven, effective form of dispute resolution. Overall, ADR is less convoluted and uses less resources than litigation, making it a cheaper option compared to litigation. Any activity that has a smaller ecological footprint than the alternative/s can be considered more sustainable. Therefore, ADR is inherently more sustainable than court or tribunal processes.
The most sustainable approach is to avoid disputes happening in the first place by implementing best practices, maintaining good working relationships and negotiating to try and find a win-win solution. Nevertheless, when disputes happen, ADR is a sustainable way to resolve these matters because of its smaller footprint, greater flexibility, and accessibility.