Topic > essay - 1642

The Civil Procedure Rules recognized in Wales and England place a positive duty on the court to encourage parties to use alternative dispute resolution (ADR) procedures if the court considers this appropriate, from the above it may be have deduced that achieving an impartial and objective resolution of disputes is no longer an exclusive claim of the adversarial judicial process as hitherto advocated by liberal societies. Furthermore, precise practices of an adversarial legal system hardly exist, since the daily life of the courts now involves habitual deviations from its original fundamental ideals. Nonetheless, growing evidence shows that mediated outcomes are more likely to be respected than court decrees contrary to the position of adversarial advocates. Given the insinuations above, this article seeks to assert the merits of alternative dispute resolution (ADR) over conventional dispute resolution. litigation system otherwise to dispel the view of liberal culture that positions adversarial procedures as an ideal dispute resolution mechanism. The concept of introducing a neutral third party to intercede in a hostile, antagonistic relationship is not new to dispute resolution; rather the question is to understand the reason for the gradual transition to ADR. For Marc and Mia, a multitude of factors including legal, sociological and economic contribute to a party's decision to settle out of court. The shortcomings of the adversarial system in resolving disputes, especially those involving parties from different countries, are believed to have fueled the emergence of ADR. Proponents of this supposition argue that national laws relating to the jurisdiction of courts in most countries have not been adapted to accommodate possible...... middle of paper... and mediation which are the popular forms of ADR. ADR methods include negotiation, early neutral assessment or neutral fact-finding, conciliation, mediation, mini trial, med-arb etc. It is argued that the key factor in ADR application is that all its methods are designed to assist the disputing parties in resolving their differences in a way that is creative and best suited to the particular dispute. However, these results are not radical enough to conclude that adversarial procedures are irrelevant. Although some people see ADR methods as a substitute for the adversarial system, these thoughts may only hold where courts in many jurisdictions are unable to resolve all disputes in a way that is attractive to the litigants, but until then the methods ADR will be designated as a collaborative dispute resolution system with the conventional litigation system.