Alternative Dispute Resolution Advantages And Disadvantages

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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,
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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…show more content…
So if you were about to run out of time for issuing a claim, ADR would not be suitable.
Different forms of Alternative Dispute Resolution
Alternative Dispute Resolution takes many forms all of which serve different purposes and are effective in different ways. They allow disputes to be settled with the appropriate means. The Lord Chancellors department alleged that the official court system should only be used as a last resort in resolving disputes this means that the department has confidence in the alternative approaches to dispute resolution.
Arbitration:
Under the Arbitration Act 1996, the role of the court has become minimal and in forms such as Arbitration the arbitrator 's involvement has increased fulfilling the principal purpose of Alternative Dispute Resolution; to reduce the workload of the official formal courts. However, Arbitration is not always showed in a positive light it could be suggested that because it is so privatized. It has also been said that not all Arbitration cases are successful and if one party decides to challenge, the decision made in the process, then it becomes time consuming and costly to all parties, as legal representation will then be required. An example of refusal of methods of ADR can be seen in cases such as Dunnett v Railtrack plc
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