Alternative Dispute Resolution Essay

2312 WordsSep 10, 201110 Pages
A legal problem : Amos runs a business assembling freezers and refrigerators. He buys parts from a large company. The last two deliveries have been late and some of the parts have been of such poor quality that Amos has not been able to use them. Advise him. Court hearings are not always the best way to resolve a dispute, and their disadvantages mean that, for some type of problem, alternative mechanisms may be more suitable and that is why Amos who runs a business assembling freezers and refrigerators should use alternative dispute resolution to solve his problem of poor quality supply by the large company.. Using the courts to resolve disputes can be costly, in terms of both money and time. It can also be traumatic for the individuals involved and may not lead to the most satisfactory outcome for the case. Another problem is that court proceedings are usually open to the public and press, so there is nothing to stop the details of the case being published in local or foreign newspaper. It is not surprising, therefore, that more and more people and businesses are seeking other methods of resolving their disputes. The main uses of these at present are in family, consumer, commercial, construction and employment cases but, following Lord Woolf’s reforms of the civil justice system, these alternative mechanisms should play more important role in solving all types of civil disputes. Civil Procedure Rule 1.4 requires the court to undertake case management which is stated to include the encouraging the parties to use an ADR procedure if the Court considers that appropriate and facilitating the use of such procedure as well as helping parties to settle the whole or part of the case. In addition, Civil Procedure Rule 26.4 allows the court to grant a stay for settlement by ADR or other means either when one or all of the parties request this, or when the court
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