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Describe how civil disputes can be resolved without going to court (this does not include tribunals).

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  • Essay length: 2889 words
  • Submitted: 23/10/2003
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AS and A Level Machinery of Justice

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Alternative Dispute Resolution Essay

By Chris Armstrong

Describe how civil disputes can be resolved without going to court (this does not include tribunals)

Resolution in the courts is not the only method of dispute resolution. If the parties can resolve their own differences then there would be no need to use the court system which would benefit all parties being the claimant, defence and the civil justice service. Although the court service is a good and fair way of dealing with civil disputes in might not be the ideal way in getting the best result for both the parties. There are four main ways of alternative dispute resolution (ADR) they are; Negotiation, Mediation, Conciliation and Arbitration (also known as a Formal Settlement Conference or mini-trial).

Negotiation is a method whereby the two parties try to resolve their differences by sitting down together in the hope of reaching an agreement. By using this method it is cheap, private and quick. The parties can also use their solicitor or another legal representative if they fail in the negotiation process this method maybe more ideal because it will not incorporate any bad feelings or emotion which might prevent

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