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LAW - Essay Example

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The essay plan for this Essay has been constructed into three separate structures. Following are the structures of the Essay:
a) Introduction
b) ADR
c) Litigation
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Download file to see previous pages... It is not more than 100 words and focuses solely on defining the reader what the writer is going to talk about. ADR is one of the subjects of discussion, and the writer starts which the explanation of ADR which also includes the definition of the same. After having explained the concept, the writer further dwells into the understanding and the functioning of ADR. He argues the advantages and the disadvantages of ADR. It also involves the study of different types of ADR and their functions with regard to the settlement of the disputes. The writer has given a brief explanation of each and every type of ADR and their different approached towards the settlement of disputes. The writer in the third structure talks about Litigation which is also known as Court Trial. Over here he defines and explains what we really mean by Court trial and how it functions. After having discussed the brief functions of Court Trial, the writer then dwells on the advantages and the disadvantages of Court Trial. The writer goes deep into the advantages and disadvantages of Court Trial and concludes with the same.Question 2 Question 2 Court Trial and ADR Introduction In Halsey v Milton Keynes General NHS Trust, the Court has the following observation: “All members of the legal profession who conduct litigation should now consider with their clients whether disputes are suitable for ADR”....
Despite a lot of negativity having been spread about ADR in recent years, the fact remains that ADR is now the most sought after mode of settling disputes and due to its simplicity it has become the major force to reckon with for lawyers. It was held in the case of Halsey v Milton Keynes the following: “the courts will not refuse costs to a successful party unless it was shown that the successful party acted unreasonably in refusing to agree to ADR. The normal order of costs made to the winning party (costs follow the event – crudely stated “the winner takes all”) would not apply if the successful party acted unreasonably.” Understanding the point of view given in the above case, it can be inferred that the Courts made it clear that it would not obligatory on the part of the parties to opt for Arbitration; however, in the same proposition Courts do feel that the parties should try their utmost best to opt for ADR in settling the disputes. ADR can be divided into two types. The first form of ADR is resolving and settling disputes outside the official judicial mechanisms. The second form of ADR is to resolve and settle disputes informal to official judicial mechanisms. It involves the informal tribunals and informal mediation processes as well as formal tribunals and formal mediation processes. Let us discuss the forms of ADR before we move further. ADR consists of the following means: a) Arbitration b) Mediation c) Conciliation d) Negotiation All these forms of ADR are extremely popular within the legal profession. Arbitration is the form of settlement of disputes where the matter is given to an independent party ...Download file to see next pagesRead More
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