The legal system and adr analysis essay
Besides, CJS has a function of solving disputes between citizens or organizations, including adjudication of claims and also a function to enforce their rights.
Alternative dispute resolution uk law
ADR allows parties to maintain relationships due to its less adversarial nature. An outline of the various forms is provided as well as a discussion of the methods used in two dispute cases relating to a borrower and an employee. The total costs incurred by firms that use ADR process a range from 3 to 50 percent of the costs incurred by firms that go through a court litigation process. As CJS provides access to justice, the procedures should be affordable , accountable and user-friendly besides being able to resolve disputes on time. Most essentially, the use of ADR can provide greater fulfillment with the way disputes are resolved. The courts are however at times requested to the ADR methods used in solving disputes. Hence, flexibility exists between negotiating parties as rules and timetable are determined by themselves. As results, better satisfaction and high compliance will exist due to the better outcome. Genn also commented that, in England pre-action protocols have influenced pre-issue dispute resolution behaviour, in that more cases are being resolved before an application is made to court. Although negotiation is faster than litigation, it may drag on and takes longer time if there is no mutual agreement form, this delay rise the costs. Thus, decisions made are considerably fair as compared to legal judgments. The other side does not need to agree to take part before the approach. ADR can be faster, cheaper and less stressful than going to court. Lord Clarke who treats ADR as supplements to formal claims and it must be an integral part of the litigation culture.
Every civilized government system requires the state to make it available to all its citizens a means for the just and peaceful settlement of disputes between them as to their 1 respective legal rights1.
CJS is so rigid as the court system is governed by statutory or customary set of procedural rules. Most essentially, the use of ADR can provide greater fulfillment with the way disputes are resolved.
As stated in section 33 of Arbitration Actarbitrators have duty to act fairly and impartially as between the parties and to adopt procedures suitable to the circumstances of the particular case so as to provide a fair means of determination of the issues between the parties.
It can be done with or without lawyers.
There are problems associated with going to court. When these differences arise we as a civilized society usually are able to work out some solution that may work to the benefit of both parties.
We are required to discuss the relationship between the civil justice system and ADR.
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