Advantages And Disadvantages Of Adr
Alternative Dispute Resolution also known as ADR is a mechanism that was introduced under the Legal Services Authorities Act 1987 in order to provide an alternative method to the official judicial procedures in resolving disputes, its main characteristic being to accomplish an agreement between the parties involved without the use of formal procedures or litigation.
Use/Advantage of Alternative Dispute Resolution:
Over recent years there has been a great propagation and faith in Alternative Dispute Resolution, both the legal profession and the public have accepted this as a mechanism as a way of resolving disputes after its several successes. Within Civil justice reforms the Court often recommends that disputes are resolved via ADR. In 1998, the introduction of The Civil Procedure rules allowed judges to terminate any court proceedings if they feel that the issue can be resolved in a form of ADR regardless of the parties involved opinions for instance Kinstreet Ltd v Belmargo Corp Ltd.
In general terms, ADR is likely to be both cheaper and quicker than recourse to the courts. Alternative Dispute Resolution procedures are also confidential, which means that they may be particularly useful in resolving disputes on matters which are themselves confidential
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There may also be situations in which the parties are prepared to negotiate, but there is little or no prospect of a successful outcome - for instance, where one of the parties is pursuing a case against the other for the sake of making trouble, or where one is claiming an unreasonably large sum, and is unlikely to be satisfied with much less. Even though the courts are putting increasing pressure on disputants (through the award of costs) to try negotiations before going to law, they may accept that it is reasonable to refuse mediation in such
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