Assess the Arguments for and Against Alternative Dispute Resolution in Civil Justice

2083 WordsApr 30, 20119 Pages
UNIVERSITY OF LONDON COMMON LAW REASONING AND INSTITUTIONS ESSAY: Assess the arguments for and against alternative dispute resolution in civil justice SUBMITTED BY: 38715 Md. Akram Uddin 090323580 Contents 1. Introduction 2. Problem with court hearings: * Time and money; * The adversarial process; * Inflexible; * Technical cases; * Publicity; 3. ADR mechanisms: * Arbitration; * Mediation; * Conciliation; * Med-Arb; * Ombudsman ; 4. Advantage of ADR : * Quick; * Cheaper; * Flexible ; * Private; * No appeal; * Customer satisfaction; 5. Disadvantage of ADR: * Dealing mechanism ; * No multiple…show more content…
The same person may act as mediator and arbitrator in this type of agreement. Ombudsman are independent office holders who investigate and rule on complaints from members of the public about maladministration in government and, in particular, services in both the public and private sectors. Some ombudsman use me3diation as part of their dispute resolution procedure. The powers of ombudsman vary. Most ombudsman are able to make recommendations, only a few can make decisions which are enforceable through the courts. ADR is a far quicker means to arrive at the solution than resorting to the court. The delays in the court litigations are well known, and waiting for a case to come to court may (especially in commercial cases) add considerably to the overall cost and adversely affect business. Many procedures try to work without any need for legal representation, and even those that do involve lawyers may be quicker and therefore cheaper than resorting to the court. Alternative methods tend to be more informal than court procedure; without the complicated rules that exist in court procedure. The process can therefore be less intimidating and less stressful than bringing court actions. ADR proceedings are private. Accordingly, the parties can agree to keep the proceedings and any results confidential. This allows them to focus on the merits
Open Document