An Analysis of Alternative Dispute Resolution in England and Wales
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This essay provides a comprehensive overview of Alternative Dispute Resolution (ADR) within the legal framework of England and Wales. The essay begins by defining ADR as a method of resolving disputes outside of traditional court litigation, emphasizing its flexibility, cost-effectiveness, and the opportunity for parties to maintain relationships. It then delves into various types of ADR, including mediation, conciliation, adjudication, early neutral evaluation, Med-Arb, and executive tribunals, detailing their processes and applications. The essay highlights the advantages of ADR, such as reduced costs, time savings, and confidentiality, while also acknowledging the disadvantages, including the lack of guaranteed resolutions. The essay also discusses the legal and political support for ADR in England and Wales, including the influence of European Commission directives and the Civil Procedure Rules 1998. Overall, the essay offers a detailed analysis of ADR, its features, types, and implications within the English and Welsh legal system, making it a valuable resource for students studying law.
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Running Head: BUSINESS AND CORPORATION LAW 0
Law Policy and Practice
6/24/2019
Student’s Name
Law Policy and Practice
6/24/2019
Student’s Name
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Law Policy and Practice
1
Research Question
What one can understand by Alternative Dispute Resolution? Define the main type of ADR in
England and Wales and stipulates advantages and disadvantages of ADRs.
Research Essay
In general, judges and juries decide the matter and resolve the conflicts among the parties in civil
and criminal cases. Nevertheless, it is a long process and often involves many costs. Alternative
Dispute Resolution (hereinafter referred to as ADR) plays an important role here. As the name
implies, it provides an alternative resolution method, which is friendly in comparison to
traditional courts. In other words, this can be stated that ADR is a process in which disputes are
used to be settled without litigations. Litigations are governed by detailed rules, which make the
process complex. One of the primary reason because of that people attracts towards ADR is that
this set up provide opportunities to parties to understand each other’s concern and maintain a
healthy relationship between them. In the presented essay, the discussion will be made on the
main features and the importance of ADR. In addition to this, a different type of ADRs will be
discussed along with their advantages and disadvantages.
It is demonstrated by developments over recent years, that significant judicial and political
support for ADRs is there in England and Wales. The European Commission has identified the
importance of ADR and enacted the mediation Directives. The directive came became applicable
with effect from On 13 June 2008 and now is applicable to all EU members except Denmark1.
UK government also support ADRs as Civil Procedure Rules 1998, the number of methods has
1 Jeroen Chorus, Introduction to Dutch Law (Kluwer Law International B.V. 2016)
1
Research Question
What one can understand by Alternative Dispute Resolution? Define the main type of ADR in
England and Wales and stipulates advantages and disadvantages of ADRs.
Research Essay
In general, judges and juries decide the matter and resolve the conflicts among the parties in civil
and criminal cases. Nevertheless, it is a long process and often involves many costs. Alternative
Dispute Resolution (hereinafter referred to as ADR) plays an important role here. As the name
implies, it provides an alternative resolution method, which is friendly in comparison to
traditional courts. In other words, this can be stated that ADR is a process in which disputes are
used to be settled without litigations. Litigations are governed by detailed rules, which make the
process complex. One of the primary reason because of that people attracts towards ADR is that
this set up provide opportunities to parties to understand each other’s concern and maintain a
healthy relationship between them. In the presented essay, the discussion will be made on the
main features and the importance of ADR. In addition to this, a different type of ADRs will be
discussed along with their advantages and disadvantages.
It is demonstrated by developments over recent years, that significant judicial and political
support for ADRs is there in England and Wales. The European Commission has identified the
importance of ADR and enacted the mediation Directives. The directive came became applicable
with effect from On 13 June 2008 and now is applicable to all EU members except Denmark1.
UK government also support ADRs as Civil Procedure Rules 1998, the number of methods has
1 Jeroen Chorus, Introduction to Dutch Law (Kluwer Law International B.V. 2016)
Law Policy and Practice
2
been designed by which ADR can be encouraged. CPR provides that at various stages of
disputes, parties be required to consider whether they can use ADR methods or not. In addition
to this, the government has also pledged to adopt ADR methods in all the appropriate cases that
involve government department. The ADR has attained great importance in recent time where
courts have sanctioned more use of ADR in a number of cases. Moving the discussion towards
the main feature of ADR, this is to state that these features are basic characteristics and presents
in every form of ADR. The very first feature is flexibility. ADR can be used before or in mid of
litigation. It provides great flexibility to parties as they can choose the methods and form as per
their wish2. ADR is not mandatory and in this manner, they remain flexible that whether to go
ahead with traditional litigations or with ADR.
Apart from being flexible, this resolution is quick and inexpensive. If the determination of a
dispute leads to an early stage then it proves very cheap in comparison to litigation. Further, it is
very quick and therefore parties get very fast response and resolution. As mentioned above, it is a
volunteer method hence it is another feature of ADR. Further to say that, ADR is conducted on
without prejudice basis. The outcome of most of the forms of ADR binds to party only at the
moment when an enforceable agreement gets to develop in between them. Until then each party
has the option to withdraw the process and can start a proceeding before the court. Until the
event of settlement, no party can rely on anything that comes out of a process of ADR. ADRs
have the capability to grant commercial solutions. Sometimes, ADR allows parties to take
solutions in those cases where litigations cannot help them. In this manner, it is far clear that
ADRs are very flexible and helping parties of disputes.
2 Hoganlovells.com, ‘Alternative Dispute Resolution in England and Wales’
<https://hoganlovells.com/~/media/hogan-lovells/pdf/client-note-on-adr-in-england-and-wales-2017.pdf?la=en>
accessed 27 June 2019
2
been designed by which ADR can be encouraged. CPR provides that at various stages of
disputes, parties be required to consider whether they can use ADR methods or not. In addition
to this, the government has also pledged to adopt ADR methods in all the appropriate cases that
involve government department. The ADR has attained great importance in recent time where
courts have sanctioned more use of ADR in a number of cases. Moving the discussion towards
the main feature of ADR, this is to state that these features are basic characteristics and presents
in every form of ADR. The very first feature is flexibility. ADR can be used before or in mid of
litigation. It provides great flexibility to parties as they can choose the methods and form as per
their wish2. ADR is not mandatory and in this manner, they remain flexible that whether to go
ahead with traditional litigations or with ADR.
Apart from being flexible, this resolution is quick and inexpensive. If the determination of a
dispute leads to an early stage then it proves very cheap in comparison to litigation. Further, it is
very quick and therefore parties get very fast response and resolution. As mentioned above, it is a
volunteer method hence it is another feature of ADR. Further to say that, ADR is conducted on
without prejudice basis. The outcome of most of the forms of ADR binds to party only at the
moment when an enforceable agreement gets to develop in between them. Until then each party
has the option to withdraw the process and can start a proceeding before the court. Until the
event of settlement, no party can rely on anything that comes out of a process of ADR. ADRs
have the capability to grant commercial solutions. Sometimes, ADR allows parties to take
solutions in those cases where litigations cannot help them. In this manner, it is far clear that
ADRs are very flexible and helping parties of disputes.
2 Hoganlovells.com, ‘Alternative Dispute Resolution in England and Wales’
<https://hoganlovells.com/~/media/hogan-lovells/pdf/client-note-on-adr-in-england-and-wales-2017.pdf?la=en>
accessed 27 June 2019
Law Policy and Practice
3
Now, the discussion is required to move towards different types of ADR, which is available to
parties. The very firsts and most popular kind of ADR is mediation. In this method, parties to the
dispute engage a third party, neutral mediator. This person helps parties to reach up to a
negotiated agreement and resolve their dispute without any formal litigation/adjudication3. A
mediator establishes a constructive and private environment; manage the discussion, smooth out
personal conflicts and identify various options for the resolution of disputes. In order to grant a
good decision or to achieve his/her objectives, a mediator often seeks views of parties.
Sometimes he/she do so by collective consultation and sometimes by way of individual
discussion. Here this is necessary to state that in those cases where the dispute cannot be
resolved by mediation, parties have the option to switch to courts and they can have their dispute
determined by courts. The mediator cannot enforce his wishes on parties and cannot decide a
matter where the dispute is not able to resolve. Sometimes a clause, which requires a dispute to
be resolved by ADR is missing in a contract. In such a situation, an independent body of ADR
can assist the parties and can convince the same to participate in the process of mediation. As
soon as parties are agreed to resolve the dispute by way of mediation, all other activities start
simultaneously. These activities involve agreeing the length, place and time of mediation,
identification, and nomination of the mediator, Preparation of a summary of facts of the case and
supporting documents and sending the same to each party along with mediator. Representatives
are also one of the important factors of the whole process of mediation. These people represent
parties to the case and should have the authority to settle. These are basically the solicitors of the
parties who play an important role in the whole mediation process. Confirmation that the
mediation process will be without prejudice and confidential is another activity that needs to be
3 Constance E. Bagley, Managers and the Legal Environment: Strategies for Business (Cengage Learning 2018),
830.
3
Now, the discussion is required to move towards different types of ADR, which is available to
parties. The very firsts and most popular kind of ADR is mediation. In this method, parties to the
dispute engage a third party, neutral mediator. This person helps parties to reach up to a
negotiated agreement and resolve their dispute without any formal litigation/adjudication3. A
mediator establishes a constructive and private environment; manage the discussion, smooth out
personal conflicts and identify various options for the resolution of disputes. In order to grant a
good decision or to achieve his/her objectives, a mediator often seeks views of parties.
Sometimes he/she do so by collective consultation and sometimes by way of individual
discussion. Here this is necessary to state that in those cases where the dispute cannot be
resolved by mediation, parties have the option to switch to courts and they can have their dispute
determined by courts. The mediator cannot enforce his wishes on parties and cannot decide a
matter where the dispute is not able to resolve. Sometimes a clause, which requires a dispute to
be resolved by ADR is missing in a contract. In such a situation, an independent body of ADR
can assist the parties and can convince the same to participate in the process of mediation. As
soon as parties are agreed to resolve the dispute by way of mediation, all other activities start
simultaneously. These activities involve agreeing the length, place and time of mediation,
identification, and nomination of the mediator, Preparation of a summary of facts of the case and
supporting documents and sending the same to each party along with mediator. Representatives
are also one of the important factors of the whole process of mediation. These people represent
parties to the case and should have the authority to settle. These are basically the solicitors of the
parties who play an important role in the whole mediation process. Confirmation that the
mediation process will be without prejudice and confidential is another activity that needs to be
3 Constance E. Bagley, Managers and the Legal Environment: Strategies for Business (Cengage Learning 2018),
830.
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Law Policy and Practice
4
done. In order to discuss the mediation process, this is to state that the same involves a plenary
session which is chaired by the mediator and where each of the parties of the case brief the facts.
It also involves a private session of parties to the mediator. If mediator thinks it necessary and
useful for the purpose of effectiveness then the same can ask for a joint session where both of the
parties present their arguments. If parties reach up to an arrangement with the help of mediator
then mediator draws up the agreement and sign the same. Such an agreement can be enforced as
an order of the court and can also be incorporated as a court order. At some of the cross border
disputes, mediation directives are applied. In such a situation, settlement can be enforced by
mediation settlement.
Apart from the mediation, some other ADR methods are also there, which will be discussed
further. Conciliation is one of them. This method is very similar to Mediation. The lead
difference between conciliation and mediation is that the decision maker is known as a
conciliator and the same is not appointed by parties but by an outside body. This is a more
friendly process where the conciliator provides suggestions to parties to settle the disputes. This
method is mostly used in family and employment disputes similar to mediation4. In order to
discuss the enforceability of the decision, this is to state that when conciliator makes a
recommendation then it is up to parties to decide whether to agree to adopt those
recommendations or not. The Advisory, Conciliation and Arbitration Service provide
conciliation service. Further, sometimes, companies also carry their own conciliation process,
which is a part of their grievance, and disciplinary process5.
4 Richard Ward and Amanda Akhtar, Walker & Walker's English Legal System (OUP Oxford 2011), 495.
5 Millie Johnson, ‘Conciliation’(Rocketlawyer) <https://www.rocketlawyer.co.uk/article/conciliation.rl> accessed 25
June 2019
4
done. In order to discuss the mediation process, this is to state that the same involves a plenary
session which is chaired by the mediator and where each of the parties of the case brief the facts.
It also involves a private session of parties to the mediator. If mediator thinks it necessary and
useful for the purpose of effectiveness then the same can ask for a joint session where both of the
parties present their arguments. If parties reach up to an arrangement with the help of mediator
then mediator draws up the agreement and sign the same. Such an agreement can be enforced as
an order of the court and can also be incorporated as a court order. At some of the cross border
disputes, mediation directives are applied. In such a situation, settlement can be enforced by
mediation settlement.
Apart from the mediation, some other ADR methods are also there, which will be discussed
further. Conciliation is one of them. This method is very similar to Mediation. The lead
difference between conciliation and mediation is that the decision maker is known as a
conciliator and the same is not appointed by parties but by an outside body. This is a more
friendly process where the conciliator provides suggestions to parties to settle the disputes. This
method is mostly used in family and employment disputes similar to mediation4. In order to
discuss the enforceability of the decision, this is to state that when conciliator makes a
recommendation then it is up to parties to decide whether to agree to adopt those
recommendations or not. The Advisory, Conciliation and Arbitration Service provide
conciliation service. Further, sometimes, companies also carry their own conciliation process,
which is a part of their grievance, and disciplinary process5.
4 Richard Ward and Amanda Akhtar, Walker & Walker's English Legal System (OUP Oxford 2011), 495.
5 Millie Johnson, ‘Conciliation’(Rocketlawyer) <https://www.rocketlawyer.co.uk/article/conciliation.rl> accessed 25
June 2019
Law Policy and Practice
5
Adjudication is another important method of ADR in the construction industry6. Some
construction contracts are there which provide parties an option in the form of the statutory right
to the adjudication as dispute resolution process. An adjudicator is an independent third person
that provides a decision on those disputes, which arise during a contract. It generally provides a
decision on an interim basis. It can be stated that the decision made by an adjudicator is binding
on an immediate basis but later on, the dispute can be referred to courts or arbitration for a final
decision. Sometimes it is labeled as “Pay now, argue later”7. Early Neutral Evaluation is also a
kind of ADR in England and Wales. The motive of this ADR is not to take a binding decision but
to get an idea of the likely outcome of a dispute. The intention is that this process enables parties
to negotiate with the outcome even without the help of the third party and to settle the dispute
based on the provided evaluation. Technology construction court and commercial courts have a
scheme, which facilitates early neutral evaluation8.
Med-Arb is a hybrid process where parties to the contract submit their dispute to a mediator
first9. Mediator by the process of mediation tries to resolve the conflict. If no resolution can be
finalized by mediator then the process of arbitration starts where an arbitrator gives the binding
resolution to parties. Here this is necessary to state that the arbitrator and mediator can be the
same person. It saves cost, time, and efforts because the arbitrator already remain aware of the
facts of the case. Apart from these ADR methods, one more is there which is known as an
executive tribunal or mini-trial. In this method, there is a panel of senior executives and a
chairperson. This chairperson act as a mediator among the rest of the members of panel i.e.
6 American Arbitration Association, AAA Handbook on Construction Arbitration and ADR - Second Edition (Juris
Publishing, Inc 2010), 46.
7 Rachel Chaplin, ‘Pay now, argue later — unless misled’ (Clydeco.com, 13 January 2014) <
https://www.clydeco.com/insight/article/pay-now-argue-later-unless-misled> accessed 27 June 2019
8 Julian Bailey, Construction Law (CRC Press 2014) 1435.
9 Mary Greenwood, How to Mediate Like a Pro: 42 Rules for Mediating Disputes (iUniverse 2008)
5
Adjudication is another important method of ADR in the construction industry6. Some
construction contracts are there which provide parties an option in the form of the statutory right
to the adjudication as dispute resolution process. An adjudicator is an independent third person
that provides a decision on those disputes, which arise during a contract. It generally provides a
decision on an interim basis. It can be stated that the decision made by an adjudicator is binding
on an immediate basis but later on, the dispute can be referred to courts or arbitration for a final
decision. Sometimes it is labeled as “Pay now, argue later”7. Early Neutral Evaluation is also a
kind of ADR in England and Wales. The motive of this ADR is not to take a binding decision but
to get an idea of the likely outcome of a dispute. The intention is that this process enables parties
to negotiate with the outcome even without the help of the third party and to settle the dispute
based on the provided evaluation. Technology construction court and commercial courts have a
scheme, which facilitates early neutral evaluation8.
Med-Arb is a hybrid process where parties to the contract submit their dispute to a mediator
first9. Mediator by the process of mediation tries to resolve the conflict. If no resolution can be
finalized by mediator then the process of arbitration starts where an arbitrator gives the binding
resolution to parties. Here this is necessary to state that the arbitrator and mediator can be the
same person. It saves cost, time, and efforts because the arbitrator already remain aware of the
facts of the case. Apart from these ADR methods, one more is there which is known as an
executive tribunal or mini-trial. In this method, there is a panel of senior executives and a
chairperson. This chairperson act as a mediator among the rest of the members of panel i.e.
6 American Arbitration Association, AAA Handbook on Construction Arbitration and ADR - Second Edition (Juris
Publishing, Inc 2010), 46.
7 Rachel Chaplin, ‘Pay now, argue later — unless misled’ (Clydeco.com, 13 January 2014) <
https://www.clydeco.com/insight/article/pay-now-argue-later-unless-misled> accessed 27 June 2019
8 Julian Bailey, Construction Law (CRC Press 2014) 1435.
9 Mary Greenwood, How to Mediate Like a Pro: 42 Rules for Mediating Disputes (iUniverse 2008)
Law Policy and Practice
6
senior executives. Parties to the dispute refer their case to this panel and panel considers the
same by hearing the facts and arguments of the parties. Here Chairperson does not provide any
binding resolution until the parties do not want the same; nevertheless, he/she may provide some
opinion based on the merit of the case. This process is all private and confidential. EU
government developed an easy ADR process for consumers. ADR directives and ODR
regulations are two pieces of EU legislation that has a mission to provide a cheap and fast
consumer dispute resolution to shoppers so that they can resolve the disputes with traders. The
trader who is required to use ADR services is also obliged to mention this on their websites as
per the EU directions10.
Hence, to conclude some significant kind of ADRs in England and Wales, this is to state that all
these methods are useful for different kind of cases but have their limitations and drawbacks. In
conjunction with the discussed methods, some others are also there but are not so famous. These
include final offer arbitration, judicial appraisal, and expert appraisal. Now the other issue is to
understand the advantage and disadvantages of ADRs. Starting with the benefits, the first
advantage seems to be less costly. As mentioned in characteristics also, the cost associated with
ADR is very less in comparison to the cost involved in traditional court proceedings. Further, it
reduces the stress of parties, as they are not required to take off work in order to attend the court.
Apart from the law, mediator, and arbitrator try to understand the concern of people and try to
convey the same to another party. Confidentiality is another advantage that ADRs provides11.
These are the processes, which happen behind the closed doors and in this manner; disputes can
be resolved in a confident manner. Time is the main aspect, which is very significant in today’s
10 Uk.practicallaw.thomsonreuters.com, ‘ADR and ODR system for consumers: ADR Directive and ODR
Regulation published in Official Journal’ <https://uk.practicallaw.thomsonreuters.com/7-532-2775?
transitionType=Default&contextData=%28sc.Default%29> accessed 27 June 2019
11 Kyriaki Noussia, Confidentiality in International Commercial Arbitration: A Comparative Analysis of the Position
under English, US, German and French Law (Springer Science & Business Media 2010), 8.
6
senior executives. Parties to the dispute refer their case to this panel and panel considers the
same by hearing the facts and arguments of the parties. Here Chairperson does not provide any
binding resolution until the parties do not want the same; nevertheless, he/she may provide some
opinion based on the merit of the case. This process is all private and confidential. EU
government developed an easy ADR process for consumers. ADR directives and ODR
regulations are two pieces of EU legislation that has a mission to provide a cheap and fast
consumer dispute resolution to shoppers so that they can resolve the disputes with traders. The
trader who is required to use ADR services is also obliged to mention this on their websites as
per the EU directions10.
Hence, to conclude some significant kind of ADRs in England and Wales, this is to state that all
these methods are useful for different kind of cases but have their limitations and drawbacks. In
conjunction with the discussed methods, some others are also there but are not so famous. These
include final offer arbitration, judicial appraisal, and expert appraisal. Now the other issue is to
understand the advantage and disadvantages of ADRs. Starting with the benefits, the first
advantage seems to be less costly. As mentioned in characteristics also, the cost associated with
ADR is very less in comparison to the cost involved in traditional court proceedings. Further, it
reduces the stress of parties, as they are not required to take off work in order to attend the court.
Apart from the law, mediator, and arbitrator try to understand the concern of people and try to
convey the same to another party. Confidentiality is another advantage that ADRs provides11.
These are the processes, which happen behind the closed doors and in this manner; disputes can
be resolved in a confident manner. Time is the main aspect, which is very significant in today’s
10 Uk.practicallaw.thomsonreuters.com, ‘ADR and ODR system for consumers: ADR Directive and ODR
Regulation published in Official Journal’ <https://uk.practicallaw.thomsonreuters.com/7-532-2775?
transitionType=Default&contextData=%28sc.Default%29> accessed 27 June 2019
11 Kyriaki Noussia, Confidentiality in International Commercial Arbitration: A Comparative Analysis of the Position
under English, US, German and French Law (Springer Science & Business Media 2010), 8.
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Law Policy and Practice
7
time. Nobody has time to attend so many court meetings and trials. Again, ADRs save the time
of parties as these are a short process and usually matters attain settlement after two-three
meetings12.
In addition to advantages, some disadvantages related to ADRs are also necessary to understand.
In order to discuss the drawbacks, this is to mention that the very first drawback is that the same
does not provide guaranteed resolutions13. It means the ADR process does not always provide a
resolution. In many of the cases, it has been seen that parties to the disputes invested their money
and time in an ADR expecting a friendly resolution but at last, they had to end up by initiating
the case in litigation. In general, the decision of an arbitrator is binding in nature and one cannot
make an appeal against the same14. Even against the decision of courts, one may appeal but
ADRs are very restricted in this manner sometimes. Apart from this, there are no equivalent
disclosures in arbitration similar to litigations. In such a situation, there is always a risk that
parties may hide facts and decision maker may provide resolution based on the half of evidence
and arguments. One of the most important disadvantages is that ADR is not available and
suitable for all cases. For instance in criminal cases, ADR cannot be used15. It means to state that
not all the cases can be resolved by ADR and somewhere parties are still dependent on
traditional courts16.
12 Thecpa.co.uk, ‘The Benefits Of Alternative Dispute Resolution (Adr)’ (Thecpa.co.uk, 27 July 2018) <
https://www.thecpa.co.uk/news/benefits-of-alternative-dispute-resolution/> accessed 27 June 2019
13 Steve Wilson, Helen Rutherford, Tony Storey and Natalie Wortley, English Legal System (OUP Oxford
2014),581.
14 Asauk.org.uk, ‘Why use ADR? Pros & cons’ <https://asauk.org.uk/wp-content/uploads/2013/08/Why-use-
ADR.pdf> accessed 27 June 2019
15 Allaboutlaw.co.uk, ‘Alternative Dispute Resolution’
<https://www.allaboutlaw.co.uk/stage/areas-of-law/alternative-dispute-resolution> accessed 27 June 2019
16 Michael J Coyle, ‘ADR Disadvantages’ (Lawdit.co.uk, 16 February 2013)
<https://www.lawdit.co.uk/news/126/10/ADR-Disadvantages> accessed 27 June 2019
7
time. Nobody has time to attend so many court meetings and trials. Again, ADRs save the time
of parties as these are a short process and usually matters attain settlement after two-three
meetings12.
In addition to advantages, some disadvantages related to ADRs are also necessary to understand.
In order to discuss the drawbacks, this is to mention that the very first drawback is that the same
does not provide guaranteed resolutions13. It means the ADR process does not always provide a
resolution. In many of the cases, it has been seen that parties to the disputes invested their money
and time in an ADR expecting a friendly resolution but at last, they had to end up by initiating
the case in litigation. In general, the decision of an arbitrator is binding in nature and one cannot
make an appeal against the same14. Even against the decision of courts, one may appeal but
ADRs are very restricted in this manner sometimes. Apart from this, there are no equivalent
disclosures in arbitration similar to litigations. In such a situation, there is always a risk that
parties may hide facts and decision maker may provide resolution based on the half of evidence
and arguments. One of the most important disadvantages is that ADR is not available and
suitable for all cases. For instance in criminal cases, ADR cannot be used15. It means to state that
not all the cases can be resolved by ADR and somewhere parties are still dependent on
traditional courts16.
12 Thecpa.co.uk, ‘The Benefits Of Alternative Dispute Resolution (Adr)’ (Thecpa.co.uk, 27 July 2018) <
https://www.thecpa.co.uk/news/benefits-of-alternative-dispute-resolution/> accessed 27 June 2019
13 Steve Wilson, Helen Rutherford, Tony Storey and Natalie Wortley, English Legal System (OUP Oxford
2014),581.
14 Asauk.org.uk, ‘Why use ADR? Pros & cons’ <https://asauk.org.uk/wp-content/uploads/2013/08/Why-use-
ADR.pdf> accessed 27 June 2019
15 Allaboutlaw.co.uk, ‘Alternative Dispute Resolution’
<https://www.allaboutlaw.co.uk/stage/areas-of-law/alternative-dispute-resolution> accessed 27 June 2019
16 Michael J Coyle, ‘ADR Disadvantages’ (Lawdit.co.uk, 16 February 2013)
<https://www.lawdit.co.uk/news/126/10/ADR-Disadvantages> accessed 27 June 2019
Law Policy and Practice
8
In a conclusive way, this is to mention that ADR seems to be a very effective way to resolve the
disputes in the present world. Courts are overburdened, they are running out of time, and
therefore they are not able to resolve the disputes early. There are many small disputes, which
needs to be resolved in a friendly manner without disturbing the mutual relationship of parties.
Such disputes are mostly family disputes. Mediation and arbitration are some of the people who
try to understand the situations of parties and resolve the matter in very less time. The presented
essay was focused on ADR system in England and Wales. Different features and ADR forms
have been discussed in the same. Mediation is the most significant type of ADR that has been
discussed in a more detailed manner. Further advantages and disadvantages of ADR also been
discussed. Hence, to say that ADR is good and very effective but not every time. They do not
provide guaranteed solutions and one cannot look upto them in every case.
8
In a conclusive way, this is to mention that ADR seems to be a very effective way to resolve the
disputes in the present world. Courts are overburdened, they are running out of time, and
therefore they are not able to resolve the disputes early. There are many small disputes, which
needs to be resolved in a friendly manner without disturbing the mutual relationship of parties.
Such disputes are mostly family disputes. Mediation and arbitration are some of the people who
try to understand the situations of parties and resolve the matter in very less time. The presented
essay was focused on ADR system in England and Wales. Different features and ADR forms
have been discussed in the same. Mediation is the most significant type of ADR that has been
discussed in a more detailed manner. Further advantages and disadvantages of ADR also been
discussed. Hence, to say that ADR is good and very effective but not every time. They do not
provide guaranteed solutions and one cannot look upto them in every case.
Law Policy and Practice
9
Bibliography
Books/Journals
Constance E. Bagley, Managers and the Legal Environment: Strategies for Business (Cengage
Learning 2018)
Fiona Cownie, Anthony Bradney and Mandy Burton, English Legal System in Context 6e (OUP
Oxford 2013)
Jeroen Chorus, Introduction to Dutch Law (Kluwer Law International B.V. 2016)
Julian Bailey, Construction Law (CRC Press 2014)
Kyriaki Noussia, Confidentiality in International Commercial Arbitration: A Comparative
Analysis of the Position under English, US, German and French Law (Springer Science &
Business Media 2010)
Mary Greenwood, How to Mediate Like a Pro: 42 Rules for Mediating Disputes (iUniverse
2008)
Richard Ward and Amanda Akhtar, Walker & Walker's English Legal System (OUP Oxford
2011)
Steve Wilson, Helen Rutherford, Tony Storey and Natalie Wortley, English Legal System (OUP
Oxford 2014)
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Books/Journals
Constance E. Bagley, Managers and the Legal Environment: Strategies for Business (Cengage
Learning 2018)
Fiona Cownie, Anthony Bradney and Mandy Burton, English Legal System in Context 6e (OUP
Oxford 2013)
Jeroen Chorus, Introduction to Dutch Law (Kluwer Law International B.V. 2016)
Julian Bailey, Construction Law (CRC Press 2014)
Kyriaki Noussia, Confidentiality in International Commercial Arbitration: A Comparative
Analysis of the Position under English, US, German and French Law (Springer Science &
Business Media 2010)
Mary Greenwood, How to Mediate Like a Pro: 42 Rules for Mediating Disputes (iUniverse
2008)
Richard Ward and Amanda Akhtar, Walker & Walker's English Legal System (OUP Oxford
2011)
Steve Wilson, Helen Rutherford, Tony Storey and Natalie Wortley, English Legal System (OUP
Oxford 2014)
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Law Policy and Practice
10
Other Resources
Allaboutlaw.co.uk, ‘Alternative Dispute Resolution’
<https://www.allaboutlaw.co.uk/stage/areas-of-law/alternative-dispute-resolution> accessed 27
June 2019
American Arbitration Association, AAA Handbook on Construction Arbitration and ADR -
Second Edition (Juris Publishing, Inc 2010)
Asauk.org.uk, ‘Why use ADR? Pros & cons’ <
https://asauk.org.uk/wp-content/uploads/2013/08/Why-use-ADR.pdf> accessed 27 June 2019
Hoganlovells.com, ‘Alternative Dispute Resolution in England and Wales’
<https://hoganlovells.com/~/media/hogan-lovells/pdf/client-note-on-adr-in-england-and-wales-
2017.pdf?la=en> accessed 27 June 2019
Michael J Coyle, ‘ADR Disadvantages’ (Lawdit.co.uk, 16 February 2013)
<https://www.lawdit.co.uk/news/126/10/ADR-Disadvantages> accessed 27 June 2019
Millie Johnson, ‘Conciliation’(Rocketlawyer)
<https://www.rocketlawyer.co.uk/article/conciliation.rl> accessed 25 June 2019
Rachel Chaplin, ‘Pay now, argue later — unless misled’ (Clydeco.com, 13 January 2014) <
https://www.clydeco.com/insight/article/pay-now-argue-later-unless-misled> accessed 27 June
2019
Thecpa.co.uk, ‘The Benefits Of Alternative Dispute Resolution (Adr)’ (Thecpa.co.uk, 27 July
2018) < https://www.thecpa.co.uk/news/benefits-of-alternative-dispute-resolution/> accessed 27
June 2019
10
Other Resources
Allaboutlaw.co.uk, ‘Alternative Dispute Resolution’
<https://www.allaboutlaw.co.uk/stage/areas-of-law/alternative-dispute-resolution> accessed 27
June 2019
American Arbitration Association, AAA Handbook on Construction Arbitration and ADR -
Second Edition (Juris Publishing, Inc 2010)
Asauk.org.uk, ‘Why use ADR? Pros & cons’ <
https://asauk.org.uk/wp-content/uploads/2013/08/Why-use-ADR.pdf> accessed 27 June 2019
Hoganlovells.com, ‘Alternative Dispute Resolution in England and Wales’
<https://hoganlovells.com/~/media/hogan-lovells/pdf/client-note-on-adr-in-england-and-wales-
2017.pdf?la=en> accessed 27 June 2019
Michael J Coyle, ‘ADR Disadvantages’ (Lawdit.co.uk, 16 February 2013)
<https://www.lawdit.co.uk/news/126/10/ADR-Disadvantages> accessed 27 June 2019
Millie Johnson, ‘Conciliation’(Rocketlawyer)
<https://www.rocketlawyer.co.uk/article/conciliation.rl> accessed 25 June 2019
Rachel Chaplin, ‘Pay now, argue later — unless misled’ (Clydeco.com, 13 January 2014) <
https://www.clydeco.com/insight/article/pay-now-argue-later-unless-misled> accessed 27 June
2019
Thecpa.co.uk, ‘The Benefits Of Alternative Dispute Resolution (Adr)’ (Thecpa.co.uk, 27 July
2018) < https://www.thecpa.co.uk/news/benefits-of-alternative-dispute-resolution/> accessed 27
June 2019
Law Policy and Practice
11
Uk.practicallaw.thomsonreuters.com, ‘ADR and ODR system for consumers: ADR Directive
and ODR Regulation published in Official Journal’
<https://uk.practicallaw.thomsonreuters.com/7-532-2775?transitionType=Default&contextData=
%28sc.Default%29> accessed 27 June 2019
11
Uk.practicallaw.thomsonreuters.com, ‘ADR and ODR system for consumers: ADR Directive
and ODR Regulation published in Official Journal’
<https://uk.practicallaw.thomsonreuters.com/7-532-2775?transitionType=Default&contextData=
%28sc.Default%29> accessed 27 June 2019
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