Alternative Dispute Resolution

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Alternative Dispute Resolution There are various ways of settling disputes without using the civil courts, these are knows as Alternative Dispute Resolution, or ADR which are used mainly in construction, family, commercial and employment issues. There are 3 main types of ADR: conciliation, mediation and arbitration, this essay will explore how they work and what is involved in each process. Mediation A mediator, a neutral third person is appointed to help both parties reach an agreement, which they will both find acceptable, already we can see an advantage over court hearings because in court hearing only one person can win fully, whereas in mediation both parties gain, or lose less than they would in court. The mediator will try to see similarities between the wills of each of the parties and use this to encourage an agreement both the parties will like. In mediation however, the parties are not controlled, the mediator has no real power; the parties themselves must make the decision, though advice is given and accepted freely. There is a more formal side of mediation known as a Formalised Settlement Conference. This is sometimes called a 'mini trial', in which a panel consisting of an executive decision maker from either side of the case, and a small neutral party which will look at the position of each side and try to make a settlement. Mediation is commonly used in commercial cases, with a Centre for dispute resolution set up in 1991 in which businesses pay a normal fee of £1000 for a mediator, as oppose to a potential £100,000 for litigation, however there are downsides, there are still several cases, around ... ... middle of paper ... ...tage on time, effort and money. In a court cases, because the parties do not very often agree with the decision it becomes a hard thing to force parties to pay damages etc. Of course all decisions made by a judge in court are legally binding but it can still be difficult to make a person or party who considers theirselves innocent to pay for something. This can lead to further disputes, taking more time and money and making the parties enemies even moreso, further damaging relations. In ADR both parties respect the decision and so allthough not legally binding it isn't difficult to enforce and relations are mainly undamaged. In evaluation ADR, allthough not allways legally binding is an important part of the civil legal system, being quicker, cheaper and lessss confusing for 'lay' people than the courts themselves.

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