Effective Dispute Resolution ( Cedr )

1283 WordsApr 9, 20176 Pages
1.0 INTRODUCTION Mediation, according to the Centre for Effective Dispute Resolution (CEDR) in England, can be defined as a flexible process conducted confidentially in which a neutral person assists the parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution. Despite its flexibility, mediation is a formal process, involving parties who voluntarily agree to the amicable dissolution of their issues, with the aim of preserving their relationship . They achieve this with the help of a mediator, to whom the parties relinquish some measure of their control, to act as the go between that would guide the process and elicit the full…show more content…
This Rules changed the facet of Alternative Dispute Resolution(ADR) by increasingly promoting its usage and influence with its famous overriding objective that directed courts to deal with cases justly by active management, in conjunction with parties’ duty to help the court in achieving its objective. Some of the Rules the English Courts considered in mediation cases mentioned in this work include Rule 1.1, states the overriding objective, Rule 1.2, states the Application by the Court of the overriding objective, Rule 1.3 the duty of parties and Rule 1.4 the courts duty to manage cases Rule1.2 The court must seek to give effect to the overriding objective when it- a) exercises any power given to it by the Rules Rule 1.3 The parties are required to help the court to further the overriding objective Rule 1.4 1) The court must further the overriding objective by actively managing cases 2) Active case management includes- (e) encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure Rule 26.4 Lawyers duty to assist the court Also of importance is Rule 44.3(2)(a) which states the general rule that it is the

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