Do Adr and Employment Disputes Fit Like a Hand and Glove? Adr in Individual Employment Disputes

There is a growing focus on resolving disputes through Alternative Dispute Resolution (ADR) methods in the world. This article explores ADR’s role in settling employment-related disputes. It highlights the distinctive characteristics (sui generis) of employment disputes with a particular focus on the power imbalance between parties and examines how ADR aligns with that of employment disputes. It considers the advantages and disadvantages of employing ADR within the realm of employment law by looking from the perspectives of both employers and employees. The article reveals that the advantages and disadvantages of ADR are interconnected. Furthermore, a single advantage might also come with a disadvantage. These drawbacks mainly rely on the potential power imbalance. However, most disputes inherently involve some degree of power imbalance, and because of mere power imbalance, completely disregarding ADR methods would not be reasonable unless parties are unable to seek their rights in courts or tribunals after attempting ADR.