What are the alternative methods of dispute resolution

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What are the alternative methods of dispute resolution? Discuss each.

Alternative methods of dispute resolution (ADR) are methods of resolving a dispute without resorting to using the courts. The fundamental principles of Alternative Dispute Resolutions are Negotiation, Tribunals, Conciliation, Arbitration and Mediation. Many of these approaches include the use of a neutral individual such as a mediator who can assist disputing parties in resolving their disagreements. The use of these methods helps in bringing justice to all people concerned with civil matters.

The most obvious and most cost effective way of resolving disputes is by negotiation. It is where the two parties get together and discuss the points of the matter. Also this way of solving disputes means that the parties involved may remain on talking grounds, which usually benefits everyone concerned. If the matter cannot be solved through informal negotiating then the parties involved can involve solicitors to negotiate a settlement for them. This, however, does mean there will be a cost element but it could eliminate the amount of time taken up, which is what ADR aims for. Although negotiating is simple, its practicality can be questioned, as some matters may take years to resolve and can cost a lot. This is where the other forms of ADR and the application of the new Civil Procedure Rules come in. They all aim at improving the way disputes are solved and are time and cost effective.

Mediation is where a neutral mediator helps parties to reach a compromise solution. The mediator is required to consult with each party and see how much common ground there is between them.
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He has to explore the position of each party, making sure to look at their needs, and then make offers. Mediation is only appropriate if the parties can cooperate with each other. As the mediator is a neutral member of the party, their views are not generally taken into account and this helps because this way the mediator can be seen to show no bias to either side. However, sometimes the opinion of the mediator can be taken simply to resolve the matter; in this case, the mediation becomes more of an evaluation exercise.

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