Alternative dispute resolution (ADR)

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Lahai Sannoh                                                                                               Mr - Ali

Alternative dispute resolution (ADR)

In this task, I will be defining basic terminology of the main  types of Alternative Resolution Disputes and highlight their advantages and disadvantages.

Alternative dispute resolution" (ADR) is a term generally used to refer to informal dispute resolution processes in which the parties meet with a professional third party who helps them resolve their dispute in a way that is less formal and often more consensual than is done in the courts. While the most common forms of ADR are mediation and arbitration, there are many other forms: judicial settlement conferences, fact-finding, ombudsmen, special masters, etc. Though often voluntary, ADR is sometimes mandated by the courts, which require that disputants try mediation before they take their case to court. There are many reasons why ADR is needed. The over expenditure is one important factor of the courts structure. It has been found around one third of legal budgets are spent on preparations for defence, legal aid etc so naturally it has become important to find ways to reduce cost but at the same time keep the efficiency and effective resolving of disputes between claimants.

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   The four main types of ADR are Mediation, Conciliation, Arbitration and Negotiation. There is not a chronological order for using these before court however Mediation and Conciliation are compulsory in family disputes.

   Mediation, a form of alternative dispute resolution (ADR), aims to assist two (or more) disputants in reaching an agreement. Whether an agreement results or not, and whatever the content of that agreement, if any, the parties themselves determine — rather than accepting something imposed by a third party. The disputes may involve states, organizations, communities, individuals or other representatives with a vested interest in the outcome.

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