Alternative Dispute Resolution (PDF)
Added on 2021-04-24
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Running head: ALTERNATIVE DISPUTE RESOLUTIONAlternative Dispute ResolutionName of the StudentName of the UniversityAuthor Note
1ALTERNATIVE DISPUTE RESOLUTIONSince time immemorial the decision of the English Courts depended upon the methods oflitigation. In this regard, it is noteworthy to mention here that the process of litigation is timeconsuming and quite expensive. In order to address civil disputes it was essential to establish themethod of Alternative Dispute Resolution. Much faith has been laid on the method of AlternativeDispute Resolution after it gained considerable success. In Kinstreet Ltd v Belmargo Corp Ltd1the rules of Civil Procedures vested an opportunity on the judges to apply the method ofAlternative Dispute Resolution if the matter can be solved by eliminating the long process oflitigation. With the advent of Civil Justice Reforms the English Courts highly recommended thatdisputes can be solved with the application of Alternative Disputes Resolution2. In this regard,the essay is commissioned to examine the importance of methods of Alternative DisputeResolution in the English legal system by introducing its forms along with its advantages anddisadvantages.From the very beginning the concept of Alternative Dispute Resolution has beensignificantly defined as a strategy in resolving disputes arising out civil disputes in order to act asan alternative to the primitive methods of litigation and adjudication in United Kingdom. In thisregard, it is noteworthy to mention here that the adjudicator must possess required professionalskills in order to resolve disputes efficient because the proceedings of litigation are regulated bylaw and therefore there can be a major difference in flexibility. According to modern jurists,alternative dispute resolution proved to be efficient in solving civil disputes efficiently and1[1999] ADR.L.R. 07/23.2Wang, Margaret. "Are alternative dispute resolution methods superior to litigation in resolving disputes in international commerce?."Arbitration International16.2 (2014): 189-212.
2ALTERNATIVE DISPUTE RESOLUTIONthereby individuals opted for such alternative over litigation3. During the era of formal legalsystems, the English Courts were overburdened with various cases. In order to address suchissues, the method of Alternative Dispute Resolution emanated in order to replace the traditionalmethods of dispute resolution. In this regard, the methods of alternative disputes resolution can be emphasized which arearbitration, negotiation, adjudication, conciliation and mediation. The process of arbitrationrequires the involvement of a third party as an Arbitrator in order to solve the issue timely ascompared to litigation. The proceedings of arbitration are formal and confidential. In case ofarbitration, the decision comes in the form of an arbitral award which is binding upon the parties.However, the process is much cheaper and less time consuming and can be relied upon. InPremium Nafta Products v Fili Shipping4it was held by the House of Lords that disputes can besolved through the process of arbitration by eliminating the traditional method of litigation usedby the English Courts. However in Dunnett v Railtrack plc (2002)5 the method of arbitrationwas refused by the defendant Railtrack without even foreseeing the consequences which canoccur as a result of it. According to modern authors, mediation is structured within the framework ofAlternative Dispute Resolution which requires the involvement of a mediator as a third party inorder to provide assistance to parties in dispute6. However, the decision taken by such mediatoris not binding upon the parties. In case of adjudication, it requires the intervention of a neutral3 Lee, Chia Kuang, Tak Wing Yiu, and Sai On Cheung. "Selection and use of alternative dispute resolution (ADR) in construction projects—Past and future research."International Journal of Project Management34.3 (2016): 494-507.4 [2007] UKHL 40.5 Ca 22 Feb 2002.6 Resnik, Judith. "Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights."Yale LJ124 (2014): 2804.
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