Alternative Dispute Resolution

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Alternative Dispute Resolution

Recently there have been many moves to encourage the use of ADR, this

eases the burden on the judicial system and helps both sides in theory

come to a reasonable settlement without the costs of a court case. The

term ADR can be described as

Ÿ Dispute resolution procedures utilized outside of court

In order to ensure

Ÿ Cost effective litigation

And to

Ÿ Help prevent litigation reaching the courts

Litigation itself has a number of drawbacks as a way of solving civil

disputes; it does not necessarily always lead to the best result for

both sides

Ÿ It is expensive and slow; it also gives a clear advantage to the

wealthier party who afford to string out the proceedings until the

other runs out of money.

Ÿ It is unsuited to disputes involving technical issues, where the

judges may have no practical experience.

Ÿ It is an adversarial system, the court room is like a battlefield,

each side tries to gain as much as possible while giving away as

little as possible, This is done without regard to what could be a

fair solution.

Ÿ Litigation tends to destroy personal and professional relationships

Alternative Dispute Resolution in the United Kingdom revolves around

1. Negotiation

2. Mediation

3. Conciliation

4. Arbitration

5. Tribunals

1. Negotiation

DEFINITION- Negotiation is a voluntary, informal and do parties to

reach a mutually acceptable agreement use an unstructured process

NEUTRAL None

ROLE OF LAWYERS- Lawyers can be appointed by parties to represent them

during the process

ROLE OF PARTIES- They can represent themselv...

... middle of paper ...

...g about personal matters,

In March 2003 the government announced plans for a comprehensive

reform of the tribunal system, bringing together the ten major

tribunals and many smaller ones within a single framework. The details

have yet to be announced, but are designed to improve administration

and increase public accessibility, so that administrative justice

acquires a status comparable with that of civil justice and criminal

justice.

In conclusion alternative dispute resolution is becoming more and more

prevalent in this country today. This is aimed at easing the burden in

the civil justice system. The Woof report advocated ADR as a vital

instrument in repairing public trust and confidence in the system.

However if ADR fails the parties will ultimately have to go to court

and a judge will decide the case.

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