The Alternative Methods of Dispute Resolution

The Alternative Methods of Dispute Resolution

Alternative methods of dispute resolution (ADR) are methods of

resolving a dispute without resorting to using the courts. The

fundamental principles of Alternative Dispute Resolutions are

Negotiation, Tribunals, Conciliation, Arbitration and Mediation. Many

of these approaches include the use of a neutral individual such as a

mediator who can assist disputing parties in resolving their

disagreements. The use of these methods helps in bringing justice to

all people concerned with civil matters.

The most obvious and most cost effective way of resolving disputes is

by negotiation. It is where the two parties get together and discuss

the points of the matter. Also this way of solving disputes means that

the parties involved may remain on talking grounds, which usually

benefits everyone concerned. If the matter cannot be solved through

informal negotiating then the parties involved can involve solicitors

to negotiate a settlement for them. This, however, does mean there

will be a cost element but it could eliminate the amount of time taken

up, which is what ADR aims for. Although negotiating is simple, its

practicality can be questioned, as some matters may take years to

resolve and can cost a lot. This is where the other forms of ADR and

the application of the new Civil Procedure Rules come in. They all aim

at improving the way disputes are solved and are time and cost

effective.

Mediation is where a neutral mediator helps parties to reach a

compromise solution. The mediator is required to consult with each

party and see how much common ground there is between them.

He has to e...

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...court.

Whether the matter is about private or corporate matters alternative

modes of dispute resolution (ADR) have helped reduce the costs of

going to court, so more people can find ways to solve their disputes.

Cases can now be dealt with more quickly, which is a credit to ADR.

The formalities of court proceedings have been taken away so that

citizens do not feel daunted by the prospect of having to go to a

court room. Another reason why ADR shows that the courts are not the

best means of solving disputes is, that the legal jargon is also taken

away in most ADR circumstances making the proceedings easier to follow

for those without the legal knowledge; and people are less likely to

need the services of a lawyer. Therefore, it can be seen that ADR is a

cost-effective, time consuming method to get speedy justice.