An Analysis of Alternative Dispute Resolution in the UK Legal System

This report examines the reform of the English legal system through the implementation of Alternative Dispute Resolution (ADR) methods. It begins with an introduction to the UK's bifurcated legal system, differentiating between England & Wales, Scotland, and Northern Ireland. The main body of the report focuses on the need for reform in court proceedings, highlighting ADR as a cost-effective and efficient solution. The report discusses various ADR methods, including arbitration, mediation, and conciliation, emphasizing their role in reducing the burden on courts and improving access to justice. Arguments in favor of ADR are presented, emphasizing flexibility, cost efficiency, time savings, party control, and the opportunity for parties to share their narratives. The conclusion supports the encouragement of ADR to maintain faith in the legal system and promote justice. References to books and journals are included to support the analysis.

Legal system

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................4
REFERNCES...................................................................................................................................5

INTRODUCTION
The United Kingdom has bifurcated its legal system one each for England and Wales, Scotland
and Northern Ireland. English Law is considered as the common legal system of England and
Wales. The system comprises two branches of law Civil and Criminal, proceeded by their own
courts and procedures (Jenkins, 2021). The report examines to reform the court proceedings by
Alternative Dispute Resolution accompanied by its positive impact on the English legal system.
MAIN BODY
The area of the English legal system which need to be reformed is its time consuming
court proceedings. The introduction of Alternative Dispute Resolution (ADR) method is
beneficial in bringing efficiency in the legal system accompanied by its low cost. The ADR need
to be encouraged as it is a value based method for setting disputes effectively, cheaply and for
speedy justice. The main aim of this mechanism is to devise techniques and helps in reducing the
burden on the courts. Today’s reality is that rich powerful people are able to continue court
proceeding amounting high value while other cannot borne for these proceedings. These methods
helps people to access to justice with an ease and cheaply. The mechanism includes dispute
resolutions methods such as:-
 Arbitration
 Mediation
 Conciliation
 Ombudsman scheme, sometimes used for consumer problems.
The mechanism needs to be encouraged as it helps in resolving problems effectively without
going to court (Hertogh and Kirkham, 2018). The outcome of ADR changes the behaviour of an
organisation or an individual while the court order to do something or not along with the
compensation. The approach not only aims to resolve the disputes between the parties but also
provide corrective measures in order to prevent such future disputes. Further also entertain the
disputes even after trial while an appeal is still pending.
Arguments favouring ADR
The main arguments in respect of this reform in respect of the English legal system are
discussed below.

1. That the mechanism provides flexibility to its parties and further allows them to switch
from method to another without any bounding effects (Kalach and et. al., 2020).
2. That the methods involving are cost efficient as its expenses can be borne by the parties
or ordinary people.
3. That the methods are time-consuming as it eliminates formalities and long procedures
which creates hindrances in speedy justice. The aim is to ensure people have easy access
to justice.
4. That the mechanism facilitates more control to the parties over the process and
outcomes (Menkel-Meadow, 2017). The party can seek their own arbitrator or mediator
with expertise in their field.
5. That the mechanism provides opportunity to the parties to tell their story rather than
through counsel. This helps to led effective and efficient judgement.
CONCLUSION
From the above report it is concluded that such reform need to be encouraged in order to
maintain faith and trust towards the English legal system. The argument raised seems to devise
positive results and led to justice without any delay. These method led mutually closure of
dispute along with remedy help to decrease conflicts in an easy and effective manner. Thus, the
discussed arguments favours the English legal system.

REFERNCES
Books and Journals
Jenkins, J., 2021. International construction arbitration law. Kluwer Law International BV.
Hertogh, M. and Kirkham, R., 2018. The ombudsman and administrative justice: from promise
to performance. In Research Handbook on the Ombudsman. Edward Elgar Publishing.
Kalach and et. al., 2020. Architect and engineer’s spectrum of engagement under alternative
delivery methods: Agreement negotiation and formation implications. Journal of Legal
Affairs and Dispute Resolution in Engineering and Construction. 12(1). p.04519048.
Menkel-Meadow, C., 2017. Dispute processing and conflict resolution: theory, practice and
policy. Routledge.