Assess The Arguments For And Against Alternative D

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Assess the arguments for and against Alternative Dispute Resolution in Civil Justice. 1. INTRODUCTION The importance of Alternative Dispute Resolution (ADR) in civil litigation can be encapsulated by this quote from Lord Justice Dyson in Halsey v Milton Keynes General NHS Trust (2004): “All members of the legal profession who conduct litigation should now routinely consider with their clients whether their disputes are suitable for ADR.” Supporters praise ADR for its flexibility, informality, certainty, confidentiality and ability to produce unique awards not available in traditional courts[1]. Since the introduction of Civil Procedure Rules[2], the courts have even demonstrated a willingness to stop court proceedings where they consider the dispute to be better suited to solution by some alternative procedure. But despite their popularity, many questions remain regarding their actual success in increasing efficiency and providing broader access to justice. Recent research on the ADR in the US suggests that participants are generally pleased with the conciliatory, comprehensible and flexible procedures of ADR but that efficiency gains may be minimal (ADR Workshop, World Bank, 1990). This paper assesses the contribution of ADR in the civil justice system in the UK; how ADR processes can be reformed; and discusses some ethical issues which the court should consider towards encouraging ADR. 2. BROAD CATEGORIES OF ADR ADR includes a range of processes alternative to litigation. The first and oldest of these alternative procedures is arbitration. Arbitration is the procedure whereby parties in dispute refer the issue under contention to a neutral third party for resolution, rather than institute legal proceedings in the courts. The arbitrator can be a legal practitioner or an expert in the

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