A Reflective Report of Group Oral Presntation

Topics: Dispute resolution, Alternative dispute resolution, Mediation Pages: 5 (1544 words) Published: May 11, 2012





DATE:02nd May 2012


In this report I will be reflecting on the group’s oral presentation a on a topic in Business law, “What is ADR (Alternative Dispute Resolution) and How Does in Improve Access to Justice”. First I will give a brief outline of ADR, the I will look at the effort we made by the group towards the oral presentation including the group’s strengths and weaknesses. I will look at the strengths and weaknesses of the presentation. I will also write about what learnt from this exercise and lastly I will have a brief conclusion 1A brief out line of ADR

An Over View of ADR and How it Improves Access to Justice
ADR is a method used to resolve disputes outside court, you usually hear people saying that they settled out of court. Disputes can be resolved using very informal settings like in an office building other than the going to court. Not being in court makes the whole process confidential pus the judgment is confidential too. Most of the ADR methods are facilitated by neutral ordinary people in other words middle men or go between not judges from the court. They are experienced in their fields and use ADR to assist in bringing justice to all people concerned in the matter. There are many types of ADR, however I will mention the most common which are; conciliation, negotiation, mediation, arbitration and ombudsman. They all aim at dealing with disputes in a quick and cheap way. In some cases, a decision can be achieved with in a day if the people involved in a dispute agree to the outcomes of the ADR used. In other wards, it will be as fast as the two parties want it to be. This shows that to a certain extent, the disputing parties have control of the outcome, and the process. The middle man does not make any decisions for them, he only helps them find a common ground, the result is cooperation between the two sides. An outcome of ADR could be as simple as an apology, an explanation, a refund, compensation or replacement of goods, a promise to do or avoid doing something, a change in behavior, policy or procedure. Conciliation

Conciliation is the first stage in the process of resolving disputes, the conciliator is usually a neutral person, a member of the trade association . A conciliator will usually give an opinion on the best solution. The outcome of a conciliation is not legally binding. There is no charge for conciliation, it is free. A conciliator is supposed to be impartial, only acting as a middle man. This is a form of ADR is where the middle man takes on the role of a middle man and suggests methods of compromise for the two sides. For example in divorcé and relationship cases.

This is the most common and the cheapest way of resolving disputes without going to court. Because the people involved in a dispute would take this option before they take any further action. With mediation two parties are brought together by a middle man to discuss their dispute. This way of solving matters means that the parties involved may remain on friends after the dispute has been resolved, which usually is a good thing for the relationship of the people concerned. Negotiating may be simple, quick and cheap however, there could be times when the above does not apply, as some disputes can take a long time to resolve and can cost a lot more in the long run. Mediation

In this form of ADR, a mediator qualified in a particular field can help disputing parties in resolving their disputes. A meeting is arranged by the two sides with an independent third person the mediator who does not impose any legal binding decision, but helps the two sides to finding the middle ground. Organizations are gradually using mediation more as a way of settling disputes because it is a lot cheaper than going to court. Arbitration

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References: Adams, A, Law For Business Students, Pearson Longman, 3rd edition 2003
Keanan, D. Etal, Business Law, Pitman, 7th Edition, 2004
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