Alternative Dispute Resolution Essay

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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
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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
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