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ADR in England and Wales - Essay Example

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This study stresses that the current scenario pertaining to civil disputes has taken a shift from adjudication to ADR and many other procedures to resolve civil disputes in an informal way. This shift in focus is not only emerging in the UK but worldwide. …
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ADR in England and Wales
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Download file to see previous pages This paper highlights that the most complex and far-reaching of these changes is a challenge to the traditional model of the lawyer as a manager of war — the strategic and skilful facilitation of peace now appears to be equally important. The increasing acceptance of ADR processes within civil litigation has immediate practical consequences for legal practice. 
This paper outlines that reforms have been initiated in court proceedings and in the private sector as well in the UK and the whole of Europe, the impact of which can be seen and felt by all stakeholders. Tribunal Adjudication and Alternative Dispute Resolution Before starting an analysis of the new issues emerging from this shift in the provision of civil justice through alternative means in England and Wales, a thorough understanding of the related concepts of tribunal adjudication and alternative dispute resolution can help in enhancing? There is nothing new in the English legal system employing specialist tribunals to resolve disputes over a vast panorama of issues historically. There has been an over-crowding of cases because of the making of new kinds of laws such as ‘social security law’ since World War II. At present, tribunals negotiate over a quarter of a million cases each year, which equals more than the total of all County Court and High Court cases. The role of Tribunals is, therefore, crucial in the English court system because of the quantity of cases handled by them. They also play a significant part for their unique processes and means of adjudication. These tribunals differ from traditional civil and criminal courts in their missions and aims. The difference between courts and tribunals Difference between a ‘court’ and a ‘tribunal’ is that a tribunal is formed by Parliament in the same way a court hears specific grievances or particular issues of dispute.  ...Download file to see next pagesRead More
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