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Compose a 2000 words assignment on module -the english legal system: titlegiven the many advantages of alternative dispute resolution over taking cases through t. Needs to be plagiarism free!
Compose a 2000 words assignment on module -the english legal system: titlegiven the many advantages of alternative dispute resolution over taking cases through t. Needs to be plagiarism free! ADR consists of other methods used to resolve disputes, excluding the litigations or normal court trials and actions. Arbitration and mediation are the commonly known approaches, though negotiation and conciliation have also grown to be accepted across many countries. However, they pose some differences when it comes to actual practice, where methods like mediation and conciliation assist parties to reach to a settlement, but keep off from making the final decision, while arbitration does. Negotiation can be conducted by the two parties involved as the rest three, require a third party. Tracing back from the beginning of Lord Woolf’s tenure, there has been a change of attitude over the use of the ADR in the England society, despite the great division of practitioners in favor and against it. Since its official establishment under the Legal Service Authority Act, then in Lord Woolf’s reform, Access to justice Act, and the civil procedure rules (CPR) towards the end of the 90s, it has demonstrated it capability to settle conflicts amicably, its great influence and importance in delivering justice. Woolf’s report of 1996 recommended increased use of ADR, and through CPR of 1999, courts were allowed to call on ADR where appropriate, and even permit judges to halt cases so that parties could use the alternatives (Souper, 2008). It has demonstrated numerous merits in the justice system, but still highly opposed by a group in the society. The methods have since then been optional or recommended by courts. Making it compulsory raises concern to various groups in the education and legal system, and ultimately the society. Thesis ADR has acquired an expanding role within the civil justice system, and has been used successfully in several civil disputes. While the court has been used as the last resort in resolving disputes, making ADR compulsory raises certain serious questions, with regard to the will of the parties to apply the methods, and the depth and type of dispute at hand . ADR role in the law field has expanded over time, and has continued to support the civil justice system in the UK, but it is too soon and rather naive to make it mandatory, despite its vast strengths. ADR’s suitability in certain applications is skeptical and demonstrates varying weaknesses. Nevertheless, majority of the cases can be handled through ADR and settled within a short period and with fewer resources for the benefit of the concerned parties. Strengths of ADR 1. Partial resolution of disputes When a case is filed and brought before the judge in court, all the issues including the tender once that could have been settled easily are left for the court to decide. By the time the court is capturing and dealing with the main dispute, it has to conduct hearings of all the numerous differences supporting the claims of the involved parties. This consumes more resources, while ADR could have been used to deliver efficient hearings and resolution of the issues where possible. One of the goals of ADR is providing “effective and efficient hearing even in cases where partial resolutions are reached”.
