Alternative Dispute Resolution Essay

Section B ESSAY (ADR).

Introduction; In the following I will be talking about alternative dispute resolution in the current English legal system which we are governed by. ADR which is alternative dispute resolution is a term which is generally used in reference to informal dispute resolution in which parties involved are suggested to meet with a professionally qualified third personal in the issue they have and if it can be resolved nicely. There are various problems which arise from using this method supplied by the court problems that contrast from using various stages which fall under A.D.R in the English legal system are its lack of suitability of urgency which is a probable cause. There are various forms of alternative dispute resolution (ADR) which are as follows; arbitration, mediation, conciliation, adjudication and med-arb. The following I will be talking about the aim of (ADR). Alternative disputes resolutions main aim is to make it easier for individuals aware that there is a way of solving disputes or any matter that they have to present in court without the excessive need of visiting court with all the cases. The problems in using the alternative resolution process which has major flaws in was brought forward by “spritzer 1982 – merry 1988” in their report which was published in the mediating interpersonal publication by author “ Cheryl Ann Piccard “ in her auditoria debut she listed both individuals and their criticism of the method .
The advantage of using alternative dispute resolution is; low cost the rates are cheaper and sometimes these rates are paid by the court or government for the parties. There is an informality it’s not a formal front which all parties are allowed to do what comes in –mind. Flexibility and accessibility is guaranteed because this stage is available for all whom wish to proceed with a dispute in an orderly manner legally.
The dis-advantages of using A.D.R Is at follows ; there are sometimes an occasional sense of delay which occur if both parties consume the time arguing than trying to reach a considerable solution to the argument at hand. ADR is also seen as a compulsory term to use in the case of dispute because of “dunnet”. There can also be too much informality in using ADR and most popular clients might find it sophiscated. ADR is not always as cheap as anticipated it can be as expensive as a court action.

Arbitration ; arbitration is a long standing form of alternative dispute resolution this stage is the process where by both parties involved prefer to dispute and argument and also involving a professional third person in the dispute case. Ref; (three shipping ltd v harebell shipping 2004)
Advantages & dis-advantages of arbitration;
Advantages ; arbitration clause is when both parties involved solely come towards an agreement of their dispute which will have to be documented in a written contract for both parties to sign and agree to the terms listed in that contract. Cheap arbitration process available for parties looking to solving their dispute early and without been cost effective the parties are liable to choose the process of “arbitration”.
Dis-advantages ; less effective arbitration has lesser effect in big cases which both parties involved might agree at first but then have a change of heart which will affect any agreement or settlement issued. Outer clause this is inserted in all the contracts signed which helps each individual in the dispute note to one another that if one dis-agrees with the terms of the contract they are legally in their state allowed terminating the agreement.

Mediation; mediation is a recommended stage /process used in our legal system which is situated to help the parties involved discuss the issues they face with each other which allows the parties to negotiate their own terms which is “facilitative mediation”. Mediation has various benefits and deformities

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