Alternative Dispute Resolution

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Alternative Dispute Resolution

Resolution in the courts is not the only method of dispute resolution.

If the parties can resolve their own differences then there would be

no need to use the court system which would benefit all parties being

the claimant, defence and the civil justice service. Although the

court service is a good and fair way of dealing with civil disputes in

might not be the ideal way in getting the best result for both the

parties. There are four main ways of alternative dispute resolution

(ADR) they are; Negotiation, Mediation, Conciliation and Arbitration

(also known as a Formal Settlement Conference or mini-trial).

Negotiation is a method whereby the two parties try to resolve their

differences by sitting down together in the hope of reaching an

agreement. By using this method it is cheap, private and quick. The

parties can also use their solicitor or another legal representative

if they fail in the negotiation process this method maybe more ideal

because it will not incorporate any bad feelings or emotion which

might prevent any resolution being agreed. When a dispute has being

'settled out of court' it has been resolved by negotiation and

negotiation precedes the majority of cases due to be heard in the

county court and also sometimes tribunals. Negotiations are organised

by the two parties or by their legal representatives on their agreed

terms. Most negotiations take place in an neutral environment which

could be a booked boardroom or even an office depending on the size of

the parties. Each party would agree on a set time limit if deemed

necessary to increase the pressure on both parties to settle in

...

... middle of paper ...

...l court system are well known, and

waiting for a caseto come to court may, especially in commercial

cases, add considerably to the overall cost, and adversely affect

business.

Expertise; those who run alternative methods of dispute resolution

schemes often have specialist knowledge of relevant areas, which can

promote a fairer as well as quicker settlement.

Conciliation of the parties; most alternative methods of dispute

resolution aim to avoid irrevocably dividing the parties, so enabling

business or family relationships to be maintained.

Overall the advantages weigh out the disadvantage of the costs

involved in setting up a strong case involving lawyers, witnesses,

company statements etc. It also lessens the queue's of the civil

courts and lessens stress on both parties because of the lack of

formality.

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