FROM: CAROLINE KABAJULIZI
TO: ROSIE WATSON
SUBJECT: BUSINESS LAW
TOPIC: WHAT IS ADR
HOW DOES IT IMPROVE ACCESS TO THE LOGAL SYSTEM
DATE: 02nd May 2012
In this report I will be reflecting on the group’s oral presentation a on a topic in Business law, “What is ADR (Alternative Dispute Resolution) and How Does in Improve Access to Justice”. First I will give a brief outline of ADR, the I will look at the effort we made by the group towards the oral presentation including the group’s strengths and weaknesses. I will look at the strengths and weaknesses of the presentation. I will also write about what learnt from this exercise and lastly I will have a brief conclusion
1 A brief out line of ADR
An Over View…show more content…
The independent arbitrator party makes a legally binding decision to resolve the dispute. Two parties in a dispute end up agreeing, and remaining on talking terms. Arbitration is important in commercial business disputes. The regulations of arbitration are set in the Arbitration Act 1996, which is usually a good thing to include in business agreements. It is very common in building contracts as a clause saying that in case of any dispute the parties will involved will use arbitration to solve their dispute instead of going to court to begin with.
An ombudsman is a third party who sits in his office, reads the papers of both sides and then decides who is going to win or lose the case. You do not have to see him physically, only fill out forms, send them off and wait a few weeks. Exist to deal with complaints from ordinary citizens about certain public bodies or Private sector services For example the Financial ombudsman dealing with financial disputes.
Many people would be intimidated by the legal system in court, because of many reasons. For example It could be that they cannot afford the lawyer’s fees and plus court charges.
In court you need to put in a lot of effort in the case, and everything you fill in the forms has to be supported by evidence.
ADR is cheaper, quicker, confidential and less formal. It can be looked at as small time justice, but it is still justice. Ordinary people can step forward and use their legal right. Businesses have