Preview

Alternative Dispute Resolution Essay

Good Essays
Open Document
Open Document
1216 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Alternative Dispute Resolution Essay
Within the first part of my essay alternative dispute resolution (ADR) will be examined. I will have a critical look at the key types as well as their usefulness in fulfilling the objective of access to justice.

ADR represents a variety of processes all aiming to resolve disputes between potential litigants out of court. The parties agree on the type of process used and the independent third party. The main reason for adopting ADR, however, is dissatisfaction with litigation. Especially after the introduction of new issue fees that came into force on January 4th , many people are deterred from bringing their disputes to court by the financial barriers.

Colin Ettinger, President of the Association of Personal Injury Lawyers, describes the circumstances as ‘unjust and unfair for litigants, especially those suffering from a personal injury, to fund - via fees and cost recovery - a civil court service which is meant to operate for the public good. '¹

Reducing both hearing related as well as case preparation costs, ADR is increasingly adopted to resolve civil disputes. But not only costs were a major problem of the court processes.
‘My concern, however, is with access to justice, and hence with reductions in cost, delay and complexity. The argument for the universal application of the full, ‘red-blooded ' adversarial approach is appropriate only if questions of cost and time are put aside. The present system works well for lawyers and judges, but ordinary people are being kept out of litigation. ' (Lord Woolf, Access to Justice (1999)).²
As a result, Lord Woolf 's suggestions were implemented by the Civil Procedure Rules 1999 and the Access to Justice Act 1999, obliging courts to encourage the use of ADR. Whereas the antagonistic and formal litigation processes constantly increase the existing conflict, ADR tries to encourage the communication and understanding between the parties by assisting them to find a solution. Moreover, it develops a wider range of

You May Also Find These Documents Helpful

  • Satisfactory Essays

    What is ADR? ADR Approaches of Arguments Resolution Negotiation Why Negotiation? Proceedings Implication…

    • 397 Words
    • 8 Pages
    Satisfactory Essays
  • Good Essays

    Most common forms of ADR which are available are – Negotiation (It is a simple procedure in which parties involved in dispute discuss with each other to reach a voluntary settlement.),Mediation (In this method, the parties use a mediator to propose a settlement of their dispute), Arbitration ( In it, the parties chooses a third party to hear evidence and testimony and then decide the dispute), Mini-trial (In it, lawyers from both parties present their case to representatives of each party so that parties can know strengths and weaknesses of their cases.), Fact-finding(the parties employs a neutral third party who act as fact-finder for the investigation of case and the information investigated by Fact-finder can be used in negotiating settlement.), Using a Judicial Referee (With the parties agreement, the court may appoint a judicial referee to conduct a private trial and give a judgment and their decisions stand as judgments of the court). (Cheeseman,…

    • 781 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Bus Law 531 Week 1

    • 676 Words
    • 3 Pages

    Casey, K. R. (2006, August). Experts compare the advantages and disadvantages of litigation and ADR. Stradley Ronon Stevens & Young, LLP, . Retrieved from http://www.stradley.com/articles…

    • 676 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    3. After learning of the disputed issues from each party, the Mediator will prepare a list of disputed issues. If the parties cannot agree about the proper wording of these issues, then both parties’ issues will be presented individually to the Mediator during the ADR process.…

    • 610 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    • Analyze the probable success of a court proceeding and any alternative means of resolving the civil matter including the role of dispute resolution.…

    • 1619 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Alternative Dispute Resolution (ADR) is an important aspect of the court’s structure in that it allows disputes to be resolved without the need for litigation. The different types of this key alternative will be discussed along with a pros and cons of each alternative type. A personal perspective of how ADR has worked for me in the past will be included as well as what type was used.…

    • 924 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Texas has many disputes that can be federal or state cases, and this memo will provide an exclusive analysis regarding how a civil action case in the state court system went through the legal stages and other ADR or alternative methods of dispute resolution methods. This memo will not be complete without providing the differences of cost and benefits between using ADR versus a traditional litigation.…

    • 902 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    An Alternative Dispute Resolution Clause will be created to identify what disputes are subject to resolution in learning teams. This clause will identify all provisions necessary to enable Alternative Dispute Resolution (ADR). The process needed in order for the ADR to work effectively.…

    • 387 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Miss

    • 523 Words
    • 3 Pages

    The adversary system of trial refers to the system used here in Australia, where two opposing parties prepare and present their case, in accordance with the strict rules of evidence and procedure, before an independent or impartial adjudicator. The adversary system aims to achieve fair and unbiased hearings, effective access to mechanisms for dispute resolution and timely resolution of disputes. Some aspects of the adversary system of trial work very well but there are certain aspects that can do with reform to further improve the adversary system.…

    • 523 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    In the United States, a traditional litigation refers to the process of bringing, defending and maintaining a lawsuit (Cheeseman, 2010). Traditional litigation goes through a structured process of answer, discovery trial and jury. Whereas the nontraditional litigation process, alternative dispute resolution, known as ADR is a more flexible, less expensive, not as time consuming, and confidential process. There are several forms of alternative dispute resolution, mediation, arbitration, negotiation, conciliation, mini-trial, fact-finding and utilizing a judicial referee. Arbitration and mediation are similar to where it is a form of negotiation and a neutral party settles the dispute. Negotiation is where the two parties negotiate to settle the dispute. A mini-trial is a shortened version of a traditional litigation trial. Fact-finding situations call for the parties to employ a third party to investigate the facts to come to a resolution. Lastly, a judicial referee is much like a mini-trial but both parties reserve the right to appeal. Ninety percent of cases are resolved through alternative dispute resolution (Harms, 2011). The next several paragraphs will identify risks associated with traditional litigation and the advantages of the alternative dispute resolution in reducing those risks.…

    • 771 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Nonetheless, critics have constantly argued that some aspects of contemporary tort law encourage various trivial and unfounded lawsuits. The differences in opinion about tort reform are attributed to its advantages and disadvantages and impact. One of the advantages is that it carries out an important function by making it possible for injured parties to receive compensation (Miller, 2010, p.72). Secondly, tort reform lessens the number of lawsuits by helping to ensure that companies and organizations involved in the case are not subjected to additional punitive damages. Third, as a result of the decrease in the number of lawsuits, judges have more time to focus on other cases.…

    • 624 Words
    • 3 Pages
    Good Essays
  • Good Essays

    One of the central ideas of the pro-tort reform argument is that “frivolous lawsuits” are draining the United States legal system of precious time and money. This, however, is simply not the case. “The frivolous lawsuit is a myth,” states Susan Saladoff, a former…

    • 1457 Words
    • 6 Pages
    Good Essays
  • Good Essays

    However, having laws in place facilitates the discussion and resolutions of disputes. In business these resolutions can become very costly to the business, but through methods of dispute resolutions such as alternative dispute resolution (ADR) businesses may remedy the dispute without going through legal battles in a court system. The same applies for disputes in society, as disputes arise, having a guide and understanding of the law allows separate parties to come to a mutual agreement through…

    • 992 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Woolf Reforms

    • 256 Words
    • 2 Pages

    Since Lord Woolf recommended reforms in his report in 1996 there have been many changes in the civil justice system. In 1995 Lord Woolf stated how a civil justice system should be:…

    • 256 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Lok Adalat Case Study

    • 1647 Words
    • 7 Pages

    While Lok Adalats have proved to be extremely efficacious for disposal of simple straightforward cases such as complaints under section 138 of the Negotiable Instruments Act, 1881, recovery suits, electricity disputes, motor accident claim cases, traffic challans, etc., they may not be very effective for resolution of complex cases such as partition suits, family disputes, complex commercial cases, matrimonial…

    • 1647 Words
    • 7 Pages
    Good Essays