Alternative Dispute Resolution

Authors Avatar

Assignment 1                Sharjeel Farrukh Khiljee

                    Alternative Dispute Resolution

Most of the people who faced with a dispute they want to settle it as quickly, as amicably and as cheaply as they possibly can. But on the other hand our legal system is adversarial, slow, expensive and unfriendly.  That’s why court system is not always the best way of resolving disputes.  A range of alternative methods of dispute resolution can be used.

Informal Negotiation

Anyone who has a dispute with another person, one of the simplest way to resolve it is informal negotiation between themselves.  The high number of civil cases settled out of court is example of this.  If the parties cannot come to the agreement they may take a step of instructing solicitors.

Advantages

The advantages of informal negotiation are that it is the easiest and quickest way of resolving dispute.  It is private and parties will have a choice that where and when a negotiation can take place.

Disadvantages

The disadvantages of informal negotiation are that it could be expensive if both parties have a solicitors and sometime it can be difficult to enforce the decision.

Mediation

This is where a neutral mediator helps the parties to reach the compromise solution.  The role of mediator is to consult with each party and see how much common ground there is between them.  He/she will explore the position with each party, looking at there needs and carrying offer to and fro, while keeping confidentiality.  The mediator will not usually tell the parties his/her own views of the merits of the dispute; it is a part of his job to act as a “facilitator” `so that an agreement is reached by the parties.  However a mediator can be asked for an opinion of the merits.  The mediation can also take different forms for example Formalised Settlement Conference and Mediation Service and the parties can choose the exact method they want.  The important point in mediation is that the parties are in control and they make decision.

Join now!

Advantages

 The advantages of mediation are that it is private, cheap and quick way of resolving disputes.  People come to mediation because they want not because they have been ordered to.  Even if mediation session did not settle the dispute, the parties to mediation were more likely to settle without going to court than in non – mediated cases.

Disadvantages

The disadvantages of mediation is that there is no legal aid and an unexpected legal point may arise in the case which is not suitable for non – lawyer mediator.  Some ...

This is a preview of the whole essay