Alternative Dispute Resolution - Essay Example

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The ultimate aim of this context is to examine the concept of Alternative Dispute Resolution, types and advantages and disadvantages of ADRs. Alternative Dispute Resolution procedures are the optional ways of assisting individuals find solutions to legal problems before taking the matter to court…
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Alternative Dispute Resolution
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Download file to see previous pages According to the research findings, Alternative Dispute Resolution (ADR) entails an independent third person termed as “neutral” whose function is to attempt to resolve or slim the areas of disagreement. Employment of ADR in early stages of the case can lead to a better-organized, cost-effective declaration of conflicts with intense contentment to the involved parties. A massive preponderance of the civil cases, encompassing marital divorces, filed in several courts across the nation is resolved using ADR. The effectiveness of ADR made it to be recommended in the Woolf Report 1996. Lord Woolf of Barnes who is professor and Chairperson of the UCL Council had an ancient interest in alternative dispute resolution and mediation. His report, admission to justice, 1996 was recognized to have been an accelerator for the growth of ADR in England. He had massive interest on the subject to extend of lecturing on ADR in both the United Kingdom and several countries overseas. He also presided over the system of the leaders of Supreme Trial Courts of the working group of European Union on its International Dispute Management Advisory Group, initiated in 2005. Therefore, Alternative Dispute Resolution is highly effective and cannot fail to be acknowledged by prominent people like Lord Woolf. That is the reason why it was recommended in the Woolf Report 1996. The paper presents three types of ADR and state where they are likely to be used....
That is the reason why it was recommended in the Woolf Report 1996 (Stephen and Marsh 2002). Give three types of ADR and state where they are likely to be used. Types of Alternative Dispute Resolution Conciliation This is the initial stage in the arbitration process particularly in consumer conflicts, and the conciliator is normally a member of the trade union. Both the consumer and the supplier have to issue written specifications of the complaint, encompassing any evidence whereby the conciliator provides a judgment on the best resolution (Totaro 2008). Any verdict is not obligatory and cannot stop the consumer from filling the case in a court for further action. If the consumer opposes the opinion issued, the consumer can then progress to the arbitration stage or consider going to court. The conciliation process does not involve any charges. Arbitration Arbitration is the process of resolving conflicts in which both the consumer and the supplier concur to accept the decision of the arbitrator as legally obligatory (Schwartz 2005). This shows that the consumer can no longer take the case to court for further action, not unless the supplier fails to pay the award needed. Note that, unlike the conciliation stage where the conciliator is just a member of the trade union, the arbitrator mist be a member of the Chartered Institute of Arbitrators and mostly makes independent decisions that are not related to the trade. The arbitrator always comes to his or her only conclusion after going through the written evidence presented by both the consumer and supplier (Lynch 2001). The decision is private and cannot be publicized without the accord of the supplier. The consumer has to pay the registration fee, which may be reimbursement if the case favors him or her. Certain ...Download file to see next pagesRead More
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