Alternative Dispute Resolutions Assignment (GC01600)
Table of Contents
1.0 Introduction.
2.0 What is ADR?.
3.0 Advantages of ADR..
4.0 Evaluate the alternative dispute resolutions to civil action.
5.0 Conclusion.
Reference.
1.0 Introduction
Most the cases in the present world are resolved before a final determination comes from a jury, judge or court of appeal. This means most of the cases are resolved by alternative means. In other means, solutions from the court are the last resort (Elliot and Quinn, 2014). As a result, Alternative dispute resolution or dispute resolutions are nothing in a sense. This is like nomenclature for different creative ways which are applied to resolve disputes short of these last resort (Slapper and Kelly, 2014).
This study has first focused on the advantages of Alternative Dispute Resolution (ADR) and its different features in business organizations. Then, the study has critically evaluated the use of Alternative Dispute Resolutions (ADR) to the civil court action.
2.0 What is ADR?
According to Lynch (2011), ADR is the method of resolving any kind of dispute without litigation. As HG Legal Resource (2013) notes, ADR refers to any type of settling disputes outside of court. Edward and Costello (2012) states that ADR refers to all kind of dispute resolution mechanisms which are not available in the normal public court system. In a word, This is a process to sort the issues out of the courtroom before appeals or judicial reviews.
Several forms of ADR are available in real-world practices such as conciliation, negotiation, arbitration, mediation, neutral evaluation, etc, as Derbyshire (2014) notes. According to Elliot and Quinn (2014), arbitration is often like a trial, where parties can call for witnesses, argues the merits of cases, and present evidence to the neutral decision-makers. In many cases, if civil litigants do not exceed a particular amount of pounds, the court may order to attend the arbitration. Local court may also allow litigants for electing the cases and sent them to arbitration without pounds amount. In this case, the court appoints an attorney in local areas to work as an arbitrator, who works as a judge at the arbitration hearing, checking the evidence and rendering decisions. In addition, when a case is sent to the arbitration, a conference is conducted through telephone or in-person at the arbitrator’s office, which provides an opportunity for the parties to give an overview of cases before hearing.
As Elliot and Quinn (2014) note, mediation to reach a settlement is a much different kind of ADR proceeding and processing. This does not include adversarial hearing or decision-making official present like arbitration. In the system, the parties are called in one location and a neutral facilitator acts as a mediator to support parties to reach a voluntary settlement of the cases. Mediators help to avoid to go to court and trial to the litigants and attorneys who are antagonistic to each other regarding litigation course, or how expects unrealistic results from cases. Both parties are called in a meeting in the mediator room and asked to present the overview of the cases, which impress the mediator on case strengths. Then, the mediator goes back and forth in the room and shares information on parties’ responses and settlement offers, finally come in goal with parties agreeing on how the case would be solved.
3.0 Advantages of ADR
According to Edward and Costello (2012), ADR offers several advantages. Firstly, it is a single procedure, which can be agreed upon by parties to resolve disputes including intellectual property that is protected mainly in the UK. Thus, it avoids extra expenses and complexity in the process of multi-jurisdictional litigation, and the risks of an unexpected outcomes. Secondly, This is party autonomy because of its private nature. This offers opportunities to the parties for exercising effective control over the dispute resolving system before the court litigation. On the other hand, the parties can find out their suitable decision-makers, applicable lows, the language of the proceeding, and even places to resolve their dispute. This can also make faster the processes and reduce material costs. Thirdly, ADR can be neutral in-laws, languages and institutional cultures of the clients, which helps to avoid home-court advantages enjoyed in court-based litigation. Fourthly, ADR processes are private and confidential between parties, which focuses on the positive side of the dispute avoiding public impact. This also helps to save commercial reputations and trade secrets. Finally, it offers finality of awards and enforceability of awards. Arbitral awards are not subjects to appeal in generals………………
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