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Appropriateness of Alternative dispute resolution in Civil procedure

   

Added on  2023-04-23

6 Pages1074 Words272 Views
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Alternative dispute resolution
Appropriateness of Alternative dispute resolution in Civil procedure_1

Table of Contents
Topic of the proposal...................................................................................................................................3
Reasons of applying....................................................................................................................................3
Aims and Objectives....................................................................................................................................4
Feasibility of successfully completing the project in the time available......................................................5
References...................................................................................................................................................6
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Topic of the proposal
Appropriateness of Alternative dispute resolution in Civil procedure
Coherence of the proposal
Alternative Dispute Resolution (ADR) is one of the most effective procedures for settling any
disputes outside the courtroom through methods like arbitration, meditation, or even negotiation.
In spite of various benefits associated with ADR, it faced with many challenges in UK and ADR
came out to be nothing but an empty promise. After few observations and analysis, it was found
that the reason for the failure of ADR was the way its process was implemented. Many UK based
companies feel ADR is more of baggage in terms of discovery, dispositions, lawyers and damage
(Nolan-Haley, 2013).
Considering the above-mentioned issue with ADR in UK, the reason of undertaking this topic for
accomplishing this proposal, is due to the fact that, the findings of the proposal and the research
would help in identifying both the aspects of ADR i.e. its effective and areas in which it is
lagging behind. Most importantly, the findings from it would help in assisting the English legal
system.
Reasons of applying
In spite of the constant growth of ADR and its development, its affectivity and relevance is
constantly questioned. One of the major reasons for questioning its affectivity is the fact that
ADR, for making it work it is largely dependent on the fact if management of an organization
has wholeheartedly adopted. It is not the method of choice rather, it’s an alternative. This results
in taking the concept too casually. There are also certain misconcepts associated with it
contributing to its failure. One of such widespread belief being ADR is not suitable for personal
injury cases (hbr.org, 2019).
Thus, it is one of the major reasons for the researcher to conduct this research on the part of the
researcher. This research would turn out to be beneficial for identifying the reason hindering the
effectively implementation of ADR and the ways of mitigating it. The gather information from
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