Advantages, Disadvantages and Differences.
In England, the use of Alternative Dispute Resolutions (also known as ADR) have been on the increase over the past decade or so. This is partly due to the Woolf Reforms of 1999, for which the research started in 1994. Its goal was to examine the civil law process and look for improvement with regard to its efficiency. The civil law process had become known as one that was not only too complicated, but also too slow and too expensive. .
In this essay, I would like to take a look at the various kinds of proceedings and ADR. I will also look at what different kinds of disputes can be best settled through ADR and which through proceedings. Lastly, I would like to look at some aspects that are involved with any kind of legal settlement of a dispute and draw my conclusion.
There is a number of aspects of the recommendations that flow from the Woolf Reforms. The first is judicial case management. This means that cases are allocated to one of three tracks', depending on their complexity and monetary value involved. .
Secondly, they deal with Pre-Action Protocols (PAPs). Previously courts could only control cases and their duration once proceedings had been issued. Now pre-action requirements can be enforced, which encourage grater contact between the parties. .
A third, and for this essay most important, aspect of reforms are the promotion of alternatives to going to court. These are also known as Alternative Dispute Resolutions (ADR). ADR can either be on the own initiative of parties involved in a case, or where the court finds it appropriate. .
All in all, under the Woolf reforms, proceedings are more and more often seen as a last resolution; when too much money is involved, or when ADR is not relevant because of the relationship between the parties, to which I will come back later. .
There are various different kinds of ADR. The first kind of ADR is arbitration.