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Alternate dispute resolution , eg. The advantages and disadvantages of ADR, faith basedmediation
Research question : To which extent is the use of ADR a more effective way of resolving civil
disputes than going to court.
Intro:
In the following, I will be exploring…
what adr is and how possibly its more effective than using the court systems
The question is asking… whether ADR is more effective than going to courts to solve a civil
dispute
The definitions of the words are ….
The CPR glossary defines ADR broadly as ‘a collective description of methods of resolving disputes
otherwise than through the normal trial process’ .[6] ADR helps to solve many issues and complaints
without the need to go to court, damages and compensation may also be awarded.
Main body Explaining:
• The advantages of ADR over going to a court – cheaper , quicker , more flexible ,full investigation ,
longer lasting .
What can ADR be used for
Recently the use of ADR is increasing and is used to help settle disputes alongside the court system .
The important of ADR is rapidly increasing and more people are becoming aware of it .
The most common types of ADR are conciliation and mediation, arbitration and
adjudication.
Conciliation :This involves a mediator to facilitate communication between the two parties
having the dispute, mainly between consumers and businesses , with the aim of achieving a
settlement or resolution. Its often free to use and often used in consumer cases , as its less
formal than any of the other types of ADR.
Mediation- similar to conciliation, a mediator is the middle person and will try to help solve
the dispute between the two parties and will consider the best way to go around solving the
issue . The mediator does not necessarily make any decisions but will help to find a
solution .
Arbitration- uses an independent arbitrator to make a decision about the complaint .This
will also be legally binding and the result of this would have to be agreed upon.
Adjudication
Using relevant cases such as Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002), this
was a landmark case in the way which courts treated mediation .
Strong support for the use of ADR in general , and mediation in particular, has been given by the
courts in cases such as R (Cowl) v Plymouth City Council
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