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ADR (For (Mediation (Herring Jonathan Herring (Lack of confidence in court…

- - - - Cheaper
      - Lack of confidence in court
        
        anti-women
        
        anti-men
      - Long-term benefits
      - Legal aid cut
        
        mediation much supported
        
        Ward LJ
        
        Supports ADR suggesting that people should use it if it was free services which the court provided
      - Non-intervening
      - There is no right answer
        
        Alongside basic tenets of liberalism
        
        Importance of tolerating different way of life and values
        
        Child may not be paramount
        
        Herring states that you have to prove then judges decision would have been better then child
      - Menkel-Meadow
        
        There is no Binary, opposition of fact so truth more likely to surface
      - Eekelaar
        
        Effective for the long term
        
        Able to easily re-negotiate if a circumstance change as decided themselves
        
        Tailor lifestyle towards solution than court court's template
        
        More committed as reaching decision is hard-work and emotionally exhausting.
        
        50% of agreements intact
    - - There is little control
        
        Training
        
        Performance
        
        Accreaditation
      - Opposite of non-intervening
        
        Rarely achieved
        
        Mediator should not apply own norms and values
- - - - Cheaper
      - faster
      - Better than trial
  - - - Slight exaggeration to define ADR as being a form of litigation as it doesn't going through court formalities.
      - Herring points out that predictive the what the court might likely reach if went to court due to evidence of what the court did could be a powerful incentive for ADR.