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Essay / Research Paper Abstract
A paper which considers the way in which Alternative Dispute Resolution is becoming increasingly utilised in Britain between parties who prefer to avoid resolving their disagreements through the courts. Bibliography lists 5 sources.
Page Count:
12 pages (~225 words per page)
File: JL5_JLadr.rtf
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Unformatted sample text from the term paper:
Alternative dispute resolution is a procedure which is becoming increasingly utilised in Britain between parties who prefer to avoid resolving their disagreements through the courts, although having made use of
ADR does not preclude the parties from later undertaking court proceedings. ADR attempts to resolve disputes through the use of an independent third party, and is something which is entered
into voluntarily by the parties concerned.
It is not formally binding, as a court judgement would be, and the parties are at liberty to dispose of the third party if they so wish, or to
reject the solution which is suggested. However, this flexibility is also reflected in the fact that the outcome of ADR is not enforceable in the same way as a judgment
made by the court, and as Cooper (2002) points out, the proposed solution may not correspond precisely with the legal rights of the parties.
The procedure is heavily based on the concept of trust, and the impartiality of
the third party. Mr Justice Waller, in Practice Statement (Commercial Cases: Alternative Dispute Resolution no 2) (1996, 1 WLR 1024) noted that there were five major advantages to utilising ADR
procedures. In the first place, it minimised the costs incurred in settling actions through the courts. ADR is a quicker procedure than litigation, and even though the third party receives
payment for his role in the process, this is still much less expensive than taking actions through the courts.
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