Alternative Dispute Resolution And Some Of Its Processes

Alternative Dispute Resolution And Some Of Its Processes

Along the years, conflicts have become inevitable in our day to day activities. In resolving a dispute, several factors have to be considered. Factors such as the nature of the conflict, the role of the parties resolving the dispute, the rights and interests of the parties and the procedures used to resolve the dispute.The court system is an unpleasant means of dispute resolution when it comes to civil or domestic issues.When resolving such issues, alternative means should be consulted. The first part of this paper will look at Alternative Dispute Resolution and some of its processes, and the public availability and voluntary nature of alternative dispute resolution in reference to the Article 6(1) of the European Convention on Human Rights. The second part of this paper, however, would try to advise a client using alternative means to effectively resolve the dispute in question.



Part A



Alternative Dispute Resolution also known as ADR is a dispute resolving mechanism that was introduced under the Legal Services Authorities Act 1987 in order to provide a cost–effective and less time–consuming alternative method for individuals to resolve their dispute. This mechanism includes any method of resolving a dispute in place of litigation – going to court. ADR is a great substitute for litigation as the high cost of litigation would not be affordable for individuals with low income. Nevertheless, ADR is not a panacea, nor is it cost free. With the Civil Justice reforms, ADR has

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