ADR (Alternative Dispute Resolution) (Reasons to use it (Courts are…
ADR (Alternative Dispute Resolution)
Cheapest Method of Resolution
The lawyers will usually try to negotiate a settlement to avoid court
The process of trying to come to an agreement
Using a neutral person in a dispute to help the parties come to a compromise solution
The mediator has to consult both parties and find common ground and give offers while keeping confidentiality.
Only suitable for cases where there is hope in co-operation between the parties
Important for family cases
Parties often have to attend a Mediation Information and Assessment Meeting (MIAM) before going to court.
Unless domestic abuse is involved
More common sense and compromise than law
Easier to continue business between the parties - no winner takes it all situation
Unlike in court it can include future conduct agreements to avoid future disputes.
One of the main for business disputes is the Centre for Effective Dispute Resolution (CERN)
In 2016 CERN done 12,000 commercial mediations
Using mediation saved £2.8 billion in management time, relationships , productivity and legal fees.
CERN claims that 86% of disputes are resolved at the mediation or shortly after
No guarantee the matter will be resolved
Necessary to go to court after failed mediation - additional costs and delay
Smaller mediations exist such as the West Sussex Mediation Service and just family mediations such as the Kent Family Mediation Service
Reasons to use it
Courts are expensive
Courts are time consuming
Using Courts can be traumatic
The Court proceedings are open to the public and press - can ruin reputations
CERN has showed that you would be saving more (£2.8 billion saved in 2016 by using their services)
Parties are in control
Allows the parties to remain on good terms
Can be used as a stalling tactic
Little or no check between power imbalances between the parties
May not protect the parties legal rights
Arbitration decisions are final
Participation could be perceived as weakness
Where a neutral third party helps the parties resolve their dispute. The conciliator plays a more active role in the process. Conciliation is not legally binding on the parties.
Arbitration is a process for the resolution of disputes on a private basis through the appointment of an arbitrator, an independent, neutral third person who hears and considers the qualities of the dispute and renders a final and binding decision called an award.
Expertise of Decision maker