Adr Essay

The traditional way of solving disputes is by going to court, a process known as litigation.
Unfortunately over the years it has developed into a complex, expensive and inflexible system1.
The incompetence with the civil justice system did not go unnoticed, resulting in the report led by
Lord Woolf entitled 'Access to Justice 1996 '2. Lord Woolf himself described his proposals as the
"new landscape of civil litigation in the 21st century"3. His report aimed to combat the problems of
cost, complexity and delay, ultimately focusing on increasing access to justice. This report has also
introduced Pre–Action Protocols4 and the new Civil Procedure Rules5 which widely encourage the
use of Alternative Dispute Resolution (ADR) in solving disputes. This essay will focus on the
advantages and disadvantages of ADR and the critical analysis of it in the civil justice system.
ADR
Alternative Dispute Resolution refers to any method other than litigation to settle disagreements. The
most common are negotiation, mediation, conciliation, arbitration, and tribunals. Others include
ombudsman and early neutral evaluation. The most informal way of settling disputes is negotiation
between the parties themselves; with or without lawyers. The other 3 ADR methods include the use
of an independent third party to settle their disputes. In arbitration and mediation, the decision made
by the third party is usually legally binding, especially in arbitration and can be enforced by the
courts. In
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Question–01
Alternative Dispute Resolution is an increasingly accepted option that allows people to resolve
disputes outside of court in a helpful manner. ADR can be faster, cheaper and less stressful than
going to court. Most essentially, the use of ADR can provide greater fulfillment with the way
disputes are resolved.
Purpose of ADR
Reduce costs of the arbitration process to reduce overcrowding in the courts.
Create a speedier and more efficient forum in which to resolve the civil disputes.
Alternative Dispute Resolution refers settling disputes outside of the courtroom. ADR typically
includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning
court queues, rising costs of litigation, and time delays continue to plague litigants, more states have
begun experimenting with ADR programs. Some of these programs are voluntary others are
mandatory.
The two most common forms of ADR are arbitration and mediation, negotiation is almost always
attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation
allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute
settlement is that it allows the parties themselves to control the process and the solution.
Mediation is also an informal alternative to litigation. Mediators are individuals trained in
negotiations, which bring opposing parties together and attempt to work out a settlement or
agreement that both

This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is,
particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR;
and whether or not courts should have the authority to compel individuals into undertaking
mediation or other forms of ADR. This essay argues against courts having the power to compel
litigants into mediation but may be afforded powers to encourage parties to go through mediation at
first instance. This essay will base its arguments on whether courts should compel civil litigants to
follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of
this essay is not that mediation is inappropriately used to settle...show more content...
Nevertheless, certain categories of ADR have been named and understood to involve the use of
particular means and methods to produce the desired end result. These procedures include:
negotiation, mediation, arbitration, med–arb, early neutral evaluation, settlement conference and
conciliation to name a few. However this essay will concentrate on mediation as a form of
alternative dispute resolution.
A potential advantage of ADR is that because parties voluntarily involve themselves in the process,
and in most cases agree to the outcome there is rarely a difficulty with enforcement. Enforcement is
a much greater potential problem of litigation where a party who has lost in court may be unwilling
to meet judgement. At the same time, individuals have pointed to the advantages of the type of
settlement which could be achieved by ADR over the costly and divisive nature of litigation.
Nonetheless ADR also has its disadvantages, according to Fiss "ADR implicitly asks us to assume a
rough equality between the contending parties", but notes that in truth settlement "is also a function
of the resources available to each party to finance the litigation, and those resources are frequently
distributed unequally", here Fiss argues that the ADR process does not measure the unequal nature
of the parties and that in some cases this inequality may bring about

Essay on Alternative Dispute Resolution
Alternative Dispute Resolution
Recently there have been many moves to encourage the use of ADR, this eases the burden on the
judicial system and helps both sides in theory come to a reasonable settlement without the costs of a
court case. The term ADR can be described as
Г…Вё Dispute resolution procedures utilized outside of court
In order to ensure
Г…Вё Cost effective litigation
And to
Г…Вё Help prevent litigation reaching the courts
Litigation itself has a number of drawbacks as a way of solving civil disputes; it does not
necessarily always lead to the best result for both sides
Г…Вё It is expensive and slow; it also gives a clear advantage to the wealthier party who afford
...show more content...
SCOPE OF PROCESS– The process is unstructured, voluntary and is non–binding.
OUTCOME
Ideally: a mutually acceptable agreement based on shared interests; Realistically: Varies from
Win–Win to Lose–Lose
Negotiation continues even after court proceedings have been commenced. The Lawyers will
continue to negotiate on behalf of their clients right up to the trial. Many cases are solved literally at
the door of court. This situation is something that the other methods of ADR try to avoid.
2. Mediation
DEFINITION– This is a private, voluntary process in which a neutral person (mediator) helps
communication between the warring parties to help promote a settlement
NEUTRAL INVOLVED The impartial third party selected by parties to assist in issues causing
frictions between the parties. The Mediator is expected to generate options, and arrange a mutually
acceptable agreement for both parties

ROLE OF LAWYERS–Lawyers may present case, although parties usually communicate directly;
they may assist clients regarding any problems of clarification of legal issues.
ROLE OF PARTIES–The parties are able to reveal their true feelings, give their side of the story and
negotiate directly with the opponents. They can also participate in creative problem solving
hopefully leading to earlier settlement.
SCOPE OF PROCESS–The process is flexible as it is

Alternative dispute resolution is a procedure settling disputes without litigation by the assistant from
the 3rd party. This resolution include negotiation, arbitration, mediation and ombudsmen .The ADR
are increasingly being utilized in disputes that would otherwise result in litigation, including high
profile labour disputes, divorce actions, and personal injury claims.
Normally, it is very preferable as it is a very low cost and time save scheme for peoples and
business to resolve dispute. Furthermore, from the discussion later on, we will be able to find out
that it is less stressful and less formal than the court proceeding. The procedure encourage the
cooperation between parties in managing the cases unlike adversarial litigation....show more content...
A common example is settlement discussions between solicitors. More than nine out of ten legal
claims are settled without needing a trial.
Unlike mediation and conciliation, the person who represent you may not be independent, they react
aggressively on your behalf and even suggest solution and opinion.
Advantages of negotiation
Negotiation share a lot of advantages of mediation and conciliation such as lower cost and less
formality.
Besides that, negotiation use mechanisms such as objective standard and focusing on parties' mutual
interest and needs. The outcome is normally can be referred to "win–win" situation unlike the
adversarial "winner and loser" situation.
Furthermore, some dispute to be resolved may be highly sensitive in nature. Negotiation can be carry
out by the parties themselves without the existent of third party.
Disadvantages of negotiation
The negotiation sometime can worsen the situation. British leader Neville Chamberlain negotiated
the Munich Agreement of 1938 with Nazi Germany with the intention to prevent the world war two.
The world war two happened anyway. When you are trying to negotiate with someone who is
untrustworthy like Hitler, you may worsen the

"Alternative dispute resolution knowledge and skills are an important part of contemporary legal
practice"
REPORTING
The growth, development and institutionalization of alternative dispute resolution (ADR) processes
in Australia have paved the way for a changing legal culture. Whilst the traditional adversarial
process underpins the Australian legal system, the contemporary theory and practice of ADR has
allowed a broadening of attitudes towards conflict resolution.
Topic Observation:
The development of ADR evidences an institutional shift from an adversarial approach to justice
towards the greater inclusion of non–adversarial dispute resolution processes. In Contemporary
reality that, practice, demand and recognition of this change is vital in ensuring competency as a
legal practitioner and for client satisfaction.
Despite current teaching not reflecting legal practice, ADR is the predominant way of resolving
disputes in Australia, yet litigation is still being seen as the privileged dispute resolution tool in our
law schools. It is estimated that the number of commenced civil actions that culminate in
adjudication is actually less than 5%. It is therefore vital to ensure ADR process are taught and
utilized in order to competently practice law.
NADRAC defines ADR as a wide term for processes, other than judicial determination, where an
impartial person assists parties to resolve and/or manage their disputes. Sir Laurence Street
recognized ADR as " Additional

Litigation, Adr And / Or Criminal Prosecution
In various situations, litigation, ADR and/or criminal prosecution should be explored. In this writing,
we will address three situations and which process would be best suited to address them and why.
As out class text has demonstrated (Lau & Johnson, 2011), there are many options we can explore to
resolve both civil and criminal disputes that arise within the business world. Ahead of approaching
the situations presented in the assignment, let's talk a little bit about the basic options one might
choose to resolve such issues.
The first option, litigation, is (HG.org, 2016) "the rules and practices involved in resolving
disputes in the court system. The term is often associated with tort cases, but litigation can come
about in all kinds of cases, from contested divorces, to eviction proceedings. Likewise, most
people think of litigation as synonymous with trial work, but the litigation process begins long
before the first witness is called to testify. In fact, the vast majority of litigated cases never reach
the inside of a courtroom." The key point being that many cases never the light of day of a court
room; which tells us the process works to some degree. According to the Law Dictionary (Hirbyand,
2016), about 95 percent of pending lawsuits end in a pre–trial settlement. That is impressive as well
as efficient.
The second option we will discuss is ADR (Alternative Dispute Resolution). Again, according to our
class text, ADR "encompasses many

Alternative Dispute Resolution ( Adr )
SHOULD PARLIAMENT PASS A LAW TO MAKE IT COMPULSORY FOR PARTIES TO A
DISPUTE TO USE ADR BEFORE THEY GO TO THE COURT?
Alternative dispute resolution (ADR) is the term used to describe the resolution of disputes inside or
outside the legal system, without formal adjudication. It includes arbitration, mediation, conciliation
and negotiation. There are problems associated with going to court. These include the adversarial
process used to find a winner and loser, which often creates stress for, and increases the division
between litigants. The advantages associated with the use of ADR have prompted a debate whether
Parliament should make it compulsory for all litigants to first use ADR before they go to court to
seek solutions to their differences.
Legislation and court procedures have demonstrated recently how ADR is important in resolving
disputes. 'The commercial Court released a practice statement in 1993, showing that it wished to
encourage ADR, and followed this in 1996 with a further direction directing judges to consider
whether a case is suitable for ADR at its outset, and to invite the parties to attempt a neutral
non–court settlement of their disputes'. The pre–action protocols state that parties should take
reasonable steps to apply the directions given in order to make a claim. Failure to apply these
pre–action measures may result in not being paid the stipulated costs at the end of the case. 'Rule
1.4(2)(e) of the CPR states that the court must encourage the parties

Alternative Dispute Resolution, Or ' Adr '
Alternative Dispute Resolution, or 'ADR ' is the phrase used to describe the different methods of
ways to resolve legal disputes outside of the court system. There are many advantages and
disadvantages to it, and they come in many different forms in England and Wales. These include
administrative tribunals, arbitration, mediation, adjudication, conciliation, negotiation, expert
determination and the ombudsmen services.
Administrative Tribunals come in many different forms and can cover many areas including
employment tribunals, lands tribunals and rent tribunals. The most common one being employment
tribunals. The distinction between Tribunals and the Courts have sometimes be blurred because it
has long been held that tribunals are just an administrative extension to the Court system and
therefore some argue that Tribunals are not a separate entity, "There is some debate as to whether
tribunals are merely part of the machinery of administration of particular projects or whether their
function is the distinct one of adjudication,"1 However the main difference between tribunals and
the courts is that tribunals are much more specialised in nature, coming in many forms, some of
which are stated above. Administrative tribunals are also not staffed by judges, and are staffed be
specialists in the particular field in which the administrative tribunal is being held. For example, an
employment tribunal would be chaired by a panel of people who specialise in employment law.

The Pros And Cons Of ADR
It allows for the full or partial disclosure of previously unreleased information and documents
controlled by the United States government. The Act defines agency records subject to disclosure,
outlines mandatory disclosure procedures and grants nine exemptions to the statute. It gives you the
right to request information from federal agencies
2.Preponderance of evidence standard
The preponderance of the evidence is a standard of evidence, or standard of proof, used in civil
trials. Civil trials are cases which involve questions that are not criminal in nature. In other words, in
a civil trial, you are seeking to resolve an issue of liability for wrongdoing. For instance, you may be
seeking to show that A, a toothpaste manufacturer, negligently...show more content...
Why is ADR become so popular in business disputes? Be sure to explain the major types of ADR
and the pros and cons of ADR versus traditional judicial resolution to civil disputes.
A common method of dispute resolution that avoids many of the challenges associated with litigation
is alternative dispute resolution. Alternative dispute resolution (ADR) is a term that encompasses
many different methods of dispute resolution other than litigation. ADR involves resolving disputes
outside of the judicial process, though the judiciary can require parties to participate in specific
types of ADR, such as arbitration, for some types of conflicts. Moreover, some ADR methods vest
power to resolve the dispute in a neutral party, while other strategies vest that power in the parties
themselves.
In a negotiation, there is no neutral party charged with ensuring that rules are followed, that the
negotiation strategy is fair, or that the overall outcome is sound. Moreover, any party can walk away
whenever it wishes. There is no guarantee of resolution through this method. The result may not be
"win–win" or "win–lose," but no resolution at all. Also, generally speaking, attorneys are not
involved in many negotiations. This last point may be seen as a drawback or a benefit, depending on
the circumstances of the

What Are The Advantages And Disadvantages Of Adr
This instrument permits the foreign investor to access non–US market tor investment thereby
insulating him from exchange risk, as an ADR is denominated in dollars and dividends are also paid
in dollars.
ADRs are listed on the New York Stock Exchange or Over the Counter Exchange in the USA. ADR's
attract a much wider investor base than the GDRs, since –pensions funds and individual investors
are permitted to invest in them
The size of the ADR issue can be expanded or contracted according to demand as depository banks
can issue or withdraw corresponding shares in the local market. GDR is a one time issue and can
be contracted in stze only if Investors decide to redeem.
ADR issue is more expensive than a GDR issue.
ADR issue requires...show more content...
They save money by reducing administration costs and avoiding foreign taxes on each transaction.
пѓ Diversification – Investor gains the potential to capitalize on emerging economies by investing
in different countries.
пѓ More US exposure – Foreign entities favour ADRs because they get more US exposure,
allowing them to tap into the wealthy North American equity markets
INFOSYS Technologies Ltd was the first Indian company to issue ADRs.
LIST OF ADRs ISSUED BY INDIAN COMPANIES
1.Global Depository Receipts (GDR)
A Global Depository Receipt (GDR) is a dollar denominated instrument tradable on the stock
exchanges in Europe or USA. It is issued by one country's bank as negotiable certificate and is
traded on the stock exchange of another country against a certain number of shares held in its
custody. It is denominated in some freely convertible currency .The concept of GDR, original to the
developed countries, now has gained popularity even in developing countries like

Questions On Alternative Dispute Resolution
Since 1990s in England and Wales significant changes occur in the civil justice system. In response
to Lord Woolf's Final Report 'Access to Justice' the time–consuming and expensive litigation has
slowly been replaced by the Alternative Dispute Resolution, which has developed and evolved as a
significant method for resolving disputes.
Alternative dispute resolution is a broad concept, covering the full range of alternative activities
available for the most appropriate way of resolving civil problems from small claims to complex
commercial disputes. To reach a settlement, an ADR process is using a range of options, which can
be divided into two main groups: Adjudicative Options and Non–adjudicative Options. In
Adjudicative Options the...show more content...
Disputes are arising everywhere around us, whether in the public sector or in our families. To deal
with all of them with competency the mediation practice is divided into different fields of activity
and outlining them is crucial. Most mediation providers are practicing the main fields of mediation
such as Civil and Commercial Mediation, covering the full range of civil and commercial disputes,
Divorce and Other Family Mediation, where usually are discussed breakdowns of spouses,
Workplace and Employment Dispute Resolution, which deals with all kinds of workplace disputes,
such as discrimination, sexual harassment and unfair dismissal, and others fields.
In the first years of this century the use of ADR, and more specific mediation, is gaining an
extreme popularity. Many cases changed the thinking about ADR and contributed to mediation's
growth. In April 1999 in England were introduced the Civil Procedure Rules that empowers the
judges to embolden mediation and other forms of ADR, where it is appropriate. Main example is
the case of Halsey v Milton Keynes NHS Trust, which puts the emphasis on the encouragement of
the use of ADR, and the existence of sanctions if one of the parties unreasonably refuses mediation.
In April 2006 an important change is made in CPR that requires that 'the parties should consider
whether some form of alternative dispute resolution

Alternative Dispute Resolution Essay
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...show more content...
The opposition party can then give their stance and any reasoning for the dispute. Each party can
then suggest a resolution and barter for an agreement suiting both parties. Negotiation fundamentally
allows both parties to get their story off their chests in a non–hostile environment in an effort to
understand each others opinion.
Mediation is similar to the above method of negotiation with the exception that it also involves a
third person. This person is completely neutral and is called the mediator. The mediator will
consult with both the parties privately at a place and time agreed by everyone. He/she will take
down all key points of both arguments and will attempt to seek 'common ground' between parties
which the mediator will discuss conclusively with them together and on a agreed date. The
purpose of the mediator is to give a basis to both parties from which to begin discussion to form a
resolution. The mediators purpose is not suggest an overall solution to the problem being
discussed, but is to develop the areas of discussion and to make sure that the full story has been
heard and understood by both sides. The only way mediation can be successful is if both the parties
are wanting an agreement to come out of the process.

Alternative Dispute Resolution Or Adr
Alternative Dispute Resolution or ADR is used as a blanket term for processes, other than judicial
determination in which an impartial practitioner assists stakeholders of a dispute to resolve the
issues between them. The ultimate objective being the satisfaction of both parties through a
mutually desired and binding outcome. Nevertheless, recent speculation has arisen in the legal
spectrum upon whether ADR services are actually prioritising fair, just and equitable outcomes for
stakeholders as opposed to litigation in the Family court.
In accordance with the Australian Family Law Courts, it is a requirement that parties in
disagreement must exercise genuine effort in resolving their issues before applying for a court
hearing pursuant...show more content...
Moreover, due to voluntary participation, a generally consensual and collaborative environment is
fostered. The ensuing reduced hostility aided by the professionalism of a mediator preserves and
possibly enhances strained relationships which is an integral interest of the families in dispute.
However, the use of these consensual methods do bring about certain noteworthy limitations such as
being used as a stalling tactic by either party as well as not operating on a system of precedent.
Effectively signifying that two disputes with similar factual circumstances may be treated
completely differently and thus inequitably in the eyes of the law. The most alarming issue arises
where good faith cannot be compelled, resulting in imbalanced agreements based on unreliable facts.
Ultimately, facilitation remains favourable amongst family disputes because agreements are likely to
have more secure commitment as decisions are made absent to an intimidating court process and
ideally satisfy both parties.
The remaining common method of alternative dispute resolution, before litigation through the court
system is arbitration. Although, in the general sense it is primarily used for commercial and
workplace disputes where a fast and enforceable decision is required , as opposed to family cases.
Nonetheless, the process is essentially similar to the advisory system of expert appraisal, where an
independent expert is

alternative dispute resolution Essay
Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to
resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus
on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety.
This notoriety may have been caused by the public perception that ADR methods are less expensive,
more efficient, and more satisfactory than the normal traditional course of litigation. The goals of
establishing these processes to resolve disputes as an alternative to more formal legal processes
include: 1) to make the regular court system more efficient, less costly and more responsive to the
needs of the litigants;...show more content...
The first Uniform Arbitration Act was adopted in 1925, which provided only for the irrevocability of
agreements to arbitrate existing disputes. The Federal Arbitration Act was enacted by Congress in
1925 changing the common law. The Act stated that written agreements to arbitrate existing or future
disputes were valid, irrevocable, and enforceable. As arbitration became more widely accepted,
statutes and acts were continuously passed enforcing agreements to arbitrate. In 1955, the second
Uniform Arbitration Act was passed. In addition to enforcing existing agreements to arbitrate, this
Act made agreements to arbitrate future disputes irrevocable.
From this brief history of ADR provisions, it is easy to see the widespread acceptance of ADR in
more recent times compared to the hostility that courts expressed toward it early on. The trend of
acceptance spread, and in May of 1986, forty–five states had enacted statutes similar to the second
Uniform Arbitration Act, enforcing agreements to arbitrate future disputes.
With all of these acts and statutes being passed, it seemed as though arbitration was the way to go.
But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms
of alternative dispute resolution such as mediation and neutral fact–finding became common.
An agreement to mediate future disputes means that the parties want to present their side to a
mediator, a third party who is neutral. This mediator's

Within the Australian justice system, Alternative Dispute Resolution mechanisms (ADR) have
historically been perceived as a means whereby parties can seek to resolve a variety of disputes, but
in a non–judicial manner. As we move further into the 21st century, the rising costs associated with
lengthy and often ineffective litigation, accompanied with a need to reduce burdens placed upon our
legal system have allowed for a notable shift away from the courts as the primary means of dispute
resolution, with a growing number of parties preferring ADR as the most appropriate means to
bring about a more cooperative approach to legal matters. In the past, it has been largely up to the
parties to identify the issues that are in dispute, which would then later be adjudicated in the
appropriate court. Many scholars have strongly advocated in favour of adopting pre action
requirements, whereby parties are encouraged to negotiate disputes prior to the commencement of
litigation. Lord Wolff in his 1996 report into the UK justice system importantly notes that "the
present system... is too expensive in that the costs often exceed the value of the claim; too slow in
bringing cases to a conclusion and too unequal: there is a lack of equality between the powerful,
wealthy litigant and the under–resourced litigant". His recommendations, alongside several others
have been given significant weight within Australia, with the Attorney General initiating the National

The Alternative Methods of Dispute Resolution
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 andMediation. 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...show more content...
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.
The main disadvantage of using mediation is that there is no guarantee the matter will be resolved,
and it will be essential to go to court after a failed attempt at it. In such situations, additional cost and
delay result from trying mediation. Another disadvantage of using mediation is that it cannot set
precedents for future cases, unlike the courts, since each matter using mediation is seen to be based
on the individual rights and wrongs of the case. Though matters are not set in precedent, they can be
referred to in order to settle the dispute more steadfastly.
Conciliation is similar to mediation, as a neutral third party helps to resolve the dispute. The main
difference is that a conciliator will suggest a compromise and sometimes the settlement between the
parties and generally play a more active role. The method of conciliation is often questioned as, due
to the more active role, the conciliator can become biased towards a certain party. The use of a
conciliator

ADR Defined
Alternative Dispute Resolution, commonly abbreviated ADR, is a method organizations and
individuals use to resolve dispute without resorting to litigation. ADR methods help disputing parties
to negotiate and come to an agreement or compromise without incurring the extra time, effort and
fees required by courts and attorneys. Courts may review and ADR decision; however, if the final
contract is sound, rarely will a court overturn a decision reached through alternative dispute
resolution. Depending on the circumstances, ADR can be voluntary or mandatory.
Types of ADR
Mediators are trained to negotiate. They bring disputing parties together in order to talk about their
disagreements and to find a reasonable solution to the problem. Mediation is used in a wide number
of industries and situations. The mediator is an impartial and objective party who guides the
meeting of parties and maintains a semblance of peace by helping them to find middle ground.
Mediation is only effective if the parties eventually come to an agreement.
Arbitration is similar to a court trial. It includes a process of discovery and the presentation of
evidence under simplified rules. Arbitrators are much like lawyers. The opposing parties can share
one arbitrator or choose to have separate arbitrators who will then choose a third to sit on the arbitral
panel. This ADR method is popular in construction and labor disputes, and it has been used in
securities regulation; however, many modern

Alternative Dispute Resolution Essay
Within the first part of my essay alternative dispute resolution (ADR) will be examined. I will have
a critical look at the key types as well as their usefulness in fulfilling the objective of access to
justice.
ADR represents a variety of processes all aiming to resolve disputes between potential litigants out
of court. The parties agree on the type of process used and the independent third party. The main
reason for adopting ADR, however, is dissatisfaction with litigation. Especially after the introduction
of new issue fees that came into force on January 4th , many people are deterred from bringing their
disputes to court by the financial barriers.
Colin Ettinger, President of the Association of Personal Injury Lawyers, describes...show more
content...
A further advantage is the high settlement rate and that the parties normally keep to mediated
agreements, as they have constructively worked on it rather than have a decision imposed on them.
(Data source: http://adrr.com/adr3/other.htm).
The mediator 's decision is non–binding (except when it is signed) and in the case of a failed
mediation, court, tribunals or other ADR options can be the following steps.
However, this can be a disadvantage because a failing mediation and the following measures can be
very time–consuming.
Conciliation has some overlaps with mediation but the conciliator takes a more active role in leading
the parties to a consensus of opinion. The disputants do not usually meet; the conciliator conducts
discussions separately with each party before he gives guidance on settling the dispute. His opinion
then forms the basis of an agreement. The parties are free to agree on this. Concerning employment
disputes, sometimes the Advisory, Conciliation and Arbitration Service (ACAS) suggests that
disputes should be settled by means of conciliation. If the process is successful, mediation and
conciliation are good examples for overcoming the problems of litigation and facilitating the ease of
access to justice.
Nevertheless, the non–binding agreement is the first essential problem of both mediation and
conciliation because a solution is no use when one party does not accept it. The second problem is
that, in the absence of a third

Litigation vs. ADR
Litigation v. ADR There are many legal systems and measures that are available to people when
they run into problems. "These alternatives generally accelerate the resolution of disputes without
the need for initiating or continuing the formal and costly process of litigation. These alternatives
are generally referred to as that of alternative dispute resolution (ADR)" (Sherman, 2012).
Alternative Dispute Resolution (ADR) comprises the resolution of a matter by a method other
than traditional litigation. There are three main kinds of ADR: negotiation, mediation and
arbitration. ADR is often preferred over traditional litigation because it involves a less formal
atmosphere than the court room and is less expensive and time consuming than litigation.
Furthermore, matters can be resolved in private and kept confidential, and the parties can
frequently select the decision maker, who will often have commercial or industrial experience.
ADR also helps to reduce the caseloads for courts that are way overcrowded (Alternative Dispute
Resolution, 2011). The popularity of ADR has grown steadily over the years with almost 90% of
all cases resolved through some form of ADR before trial. Typically, advantages of ADR over trial
include such things as: less formal and therefore less intimidating, quicker resolution, less expensive,
heard by an arbitrator or mediator, at the end, an opinion is delivered and after binding ADR, the
opinion can usually be filed with a court and turned into

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