2.Main Content
Points to consider
This section of the ADRnow site gives you the information you need if you are thinking about whether or not to use an ADR option.
If you are an adviser, then this information will help you try to make sure that your client makes an informed decision about how best to resolve their dispute.
In this section you will find:
Pros and Cons of ADR – a general look at some of the advantages and disadvantages of using ADR
ADR and the courts – a guide to the various rules which you need to take into account when deciding whether to try ADR before going to court
Court cases – a summary of the most important court cases in recent years
ADR Research – an overview of key research into ADR
Tips for mediation – things to think about while preparing for mediation
Three important points to remember:
1. ADR schemes are NOT alternatives to advice. People need good, informed legal advice before deciding how best to resolve their dispute. Sometimes they need advice during the course of mediation or other ADR options. They also need access to advice before deciding whether to accept a solution agreed through mediation or conciliation, especially if agreement means that they cannot then take the same dispute to court or a tribunal later.
2. When deciding whether or not to try ADR, think about the relative negotiating position of the parties. A weaker party may need to use the legal process to enforce rights against a larger organisation. If one party is unwilling to negotiate, you may need the courts to enforce action. It may also be important either to be able to rely on a legal precedent from a previous case, or to set a precedent for the future. In such cases, ADR may well not be appropriate.
3. Think, too about what kind of process would best suit each person. Some people are happy talking face to face, whereas some would prefer a dispute to be settled by an exchange of letters or documents. Some people are willing and able to take responsibility for negotiating their own solution, whereas some would prefer a judge or other third party to make a decision on their behalf. Details of how the different ADR processes work can be found in the Types of ADR section of this website.
March 2007
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