Assess the Arguments for and Against Alternative Dispute Resolution in Civil Justice
UNIVERSITY OF LONDON
COMMON LAW REASONING AND INSTITUTIONS
ESSAY:
Assess the arguments for and against alternative dispute resolution in civil justice
SUBMITTED BY: 38715
Md. Akram Uddin 090323580
Contents 1. Introduction
2. Problem with court hearings: * Time and money; * The adversarial process; * Inflexible; * Technical cases; * Publicity; 3. ADR mechanisms: * Arbitration; * Mediation; * Conciliation; * Med-Arb; * Ombudsman ;
4. Advantage of ADR : * Quick; * Cheaper; * Flexible ; * Private; * No appeal; * Customer satisfaction; 5. Disadvantage of ADR: * Dealing mechanism ; * No multiple parties ; * Imbalance of power; * Lack of legal expertise; * No system of precedent ; * Enforcement; * Low take-up rate
6. Courts approach to the use of ADR: * The Civil Procedure Rules (CPR)1998; * Dunnett v Railtrack; * Leicester v Coates ; * Kinstreet v Belmargo Corp ;
7. Wider use of ADR
8. Conclusion :
Alternative Dispute Resolution (ADR) is a term generally use to refer to informal dispute resolution processes in which the parties meet with a professional third party who help them resolve their dispute in a way that is less formal and often more consensual than is done in the courts. While the most common forms of ADR are mediation and arbitration, there are many forms: judicial settlement conferences, fact finding ,ombudsman, special masters ,etc. though often voluntary, ADR if sometimes mandated by the courts, which require that disputes try mediation before they take their case to court.
However, using the courts to resolve dispute can prove costly, in terms of both money and time, it can also be traumatic for the individuals involved in the litigations and in some instances it may not lead to the most satisfactory outcome .A trial necessarily involves a winner and a loser
COMMON LAW REASONING AND INSTITUTIONS
ESSAY:
Assess the arguments for and against alternative dispute resolution in civil justice
SUBMITTED BY: 38715
Md. Akram Uddin 090323580
Contents 1. Introduction
2. Problem with court hearings: * Time and money; * The adversarial process; * Inflexible; * Technical cases; * Publicity; 3. ADR mechanisms: * Arbitration; * Mediation; * Conciliation; * Med-Arb; * Ombudsman ;
4. Advantage of ADR : * Quick; * Cheaper; * Flexible ; * Private; * No appeal; * Customer satisfaction; 5. Disadvantage of ADR: * Dealing mechanism ; * No multiple parties ; * Imbalance of power; * Lack of legal expertise; * No system of precedent ; * Enforcement; * Low take-up rate
6. Courts approach to the use of ADR: * The Civil Procedure Rules (CPR)1998; * Dunnett v Railtrack; * Leicester v Coates ; * Kinstreet v Belmargo Corp ;
7. Wider use of ADR
8. Conclusion :
Alternative Dispute Resolution (ADR) is a term generally use to refer to informal dispute resolution processes in which the parties meet with a professional third party who help them resolve their dispute in a way that is less formal and often more consensual than is done in the courts. While the most common forms of ADR are mediation and arbitration, there are many forms: judicial settlement conferences, fact finding ,ombudsman, special masters ,etc. though often voluntary, ADR if sometimes mandated by the courts, which require that disputes try mediation before they take their case to court.
However, using the courts to resolve dispute can prove costly, in terms of both money and time, it can also be traumatic for the individuals involved in the litigations and in some instances it may not lead to the most satisfactory outcome .A trial necessarily involves a winner and a loser
Bibliography: Books: Morrison W and Gearey A (2007) chapter 12- imaging civil justice