Alex Essay

612 Words3 Pages
Law Essay Discuss the advantages of using ADR rather than using the courts [9] An ADR is an Alternative Dispute Resolution; this term is used to refer to all the dispute resolutions outside the normal judicial decision making process. ADR came about as a result of Lord Woolf’s Access to Justice Report which highlighted the problems with court proceedings and suggested changes to be made. There are many problems with court proceedings. Firstly the court process is far too slow (up to 3 years), which could result in further problems such as obscure witness accounts or deterioration of evidence and delays at court can also increase he costs which in itself is already a problem with current court proceedings as it is overly expensive. The courts are more formal than most forms of ADR in particular negotiation, mediation, and conciliation. However, in mediation there are formalised settlement conferences which can be seen as ‘mini trials’. The formality of a court room can be very off putting which is why many people opt for ADR. Litigation has an adversarial approach meaning each advocate represents its parties case and an impartial judge deciding the outcome of this whereas with ADR there is not always lawyers involved especially with mediation and negotiation and if there is a neutral third party involved (mediation/conciliation) they don’t aim to make a legally binding decision but to encourage a compromise. Court proceedings can be very complex which puts some individuals off, whereas ADR is more straightforward, especially negotiation and conciliation/mediation. ADR (Mediation/Conciliation) comes with many advantages; one advantage is that it’s less formal and doesn’t have to follow the strict letter of the law. Another is that it encourages cooperation between parties, it also avoids the adversarial process of court and maintains working relationships

More about Alex Essay

Open Document