After understanding ADR’s benefits, it still has to be remembered that the ADR mechanisms do not follow the principle – “does fit every possible” and does not apply at all times. This means that in every particular case the potential success of ADR should be determined. In case of drafting a brand new trade agreement to review the following issues or considering the possibility of solving a dispute through the ADR, when ADR clauses unavailable in a contract.
· Whether both parties have a real desire to resolve disputes. Here are some hidden goals, such as the realization of trouble without real intention of solving disputes, hate parties, the considerable difference in economic power, etc.
· Regardless of whether the settlement of the debate is required a point of reference. Such circumstance conceivably can happen when the dispute has the EU measurement and requires the translation of the EU law that, thus, is ambiguous and confused. For this situation, gave certain criteria are met the court most presumably will allude to the CJEU by means of preparatory decision strategies keeping in mind the end goal to get the CJEU’s explanation of the EU law. Moreover, here and there need of interval measures can be an explanation behind the case.
· One may likewise have worries that simple proposition to depend on the ADR might be considered by the counter party as proof of the officer’s powerless position. For disposal of these worries, an agreement ought to incorporate point by point ADR conditions at the start.
· What type of neutral party will solve problems? Experts in specific areas experts that know the ADR forms consummately or only one person whom the parties trust.
· Generally, any statements, communications, reports gave by any party to a neutral party during an ADR procedure are secret. A party should no longer present them in witness in litigation, arbitration any different proceedings, unless in any other case supplied through applicable law the parties’ settlement.