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Alternative Dispute Resolution (ADR) is the name given to the process where parties in a dispute come to a compromise (or settle their dispute) without going to court.
- Essay length: 1788 words
- Submitted: 18/12/2011
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Marked by teacher:
Nick Price
Teacher essay summary
Summary: an accurate outline of forms of ADR and discussion of their advantages and disadvantages; followed by an effective consideration of the Woolf reforms to civil courts.
Rating: *****
Marked by teacher Nick Price 01/05/2013
The first 200 words of this essay...
Assignment 2.9
a)Alternative Dispute Resolution (ADR) is the name given to the process where parties in a dispute come to a compromise (or settle their dispute) without going to court. The main reason people use ADR is to save the expense of using the courts and solicitors. There are four types of ADR mediation, negotiation, conciliation and arbitration.
Negotiation is the simplest form of ADR. Where two people have a dispute they can negotiate a solution themselves. The advantages to the parties involved are that it is completely private and it's fast and cheap. This is where parties to a dispute cannot settle it themselves they may instruct solicitors who will negotiate on their behalf. Even when negotiation fails at these early stages of a dispute and court proceedings start, solicitors will usually continue to negotiate on their client's behalf. This results in many cases being settled out of court.
Mediation is where a neutral person (the mediator) helps the parties to reach a compromise. The job of the mediator is to consult with each party and see how much common ground there is between them. S/he should act as a facilitator, taking offers between the parties.
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MbT essay summary
Summary: an accurate outline of forms of ADR and discussion of their advantages and disadvantages; followed by an effective consideration of the Woolf reforms to civil courts.
Rating: *****