MPhil Thesis: Alternative Dispute Resolution in UK Civil Procedure

This thesis proposal explores the appropriateness of Alternative Dispute Resolution (ADR) within the UK's civil procedure framework, recognizing its potential for settling disputes outside the courtroom. Despite the benefits, ADR faces challenges in the UK, often perceived as burdensome. The proposal aims to identify both the effective aspects of ADR and its shortcomings, ultimately assisting the English legal system. It addresses the reliance on management adoption, misconceptions about its suitability for certain cases, and ambiguities in pre-action protocols. The research intends to highlight ADR's effectiveness, referencing studies showing successful settlement rates through negotiation, and its relevance to areas like energy law. By evaluating the reasons hindering ADR's functioning and providing resolutions, this thesis seeks to enhance its role in dispute resolution within the UK legal system. Desklib provides access to similar documents and study tools for students.

Alternative dispute resolution

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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the thesis can help in assisting the UK legal system. Through a study conducted by King’s
College it was observed that 60% of settlement was achieved by negotiation (Judiciary.uk,
2016). Thus, with the research the effectiveness of ADR can also be highlighted. It can also be
seen to be highly relevant to energy law and the firms in UK operating in this arena in their
litigation process.
Evidence of motivation for and understanding of the proposed area of study
ADR and civil justice are intermingled in nature. Civil justice reformers have been seen to give
constant emphasis on incorporating ADR in civil procedure’s formal framework. This is
significantly observed from the time of civil justice reformers like Lord Woolf. Constant issue in
case of ADR and its affectivity used to occur due to certain areas of ADR, which required
amendment. One of such mentionable issue is ambiguity regarding pre-action protocol. It was
due to such issue with ADR like ambiguity regarding the pre-action protocol; its incorporation in
civil justice became difficult (Judiciary.uk, 2016).
Another mentionable aspect associated with ADR, on which civil justice reformers like Lord
Woolf had emphasized was in cases involving overriding objectives, the use and promotion of
ADR was very limited. It was because of these mentioned factors and flaws associated with
ADR its enforcement in formal framework of civil procedure remained limited
(Sweetandmaxwell.co.uk, 2019).
Following by various efforts of Civil justice reformers, there has been steady growth associated
with ADR. As an instance, in 1999 first appearance of pre-action protocols of ADR appeared.
This helped its promotion to settle issue prior the proceedings are issued. Civil procedure under
UK Law Volume 1 and 2 is another such development (Fiadjoe, 2013).
Aims and Objectives
The aims and objectives of this thesis would be as follows:
 To evaluate the reason of hindrance in the functioning of ADR in dispute resolution, in
spite of advancements like Civil procedure of UK Law Volume 1 and 2
 To examine the benefits and relevance of ADR in civil procedure
 To provide with resolutions to eliminate these issues (Law.ox.ac.uk, 2009).
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Feasibility of successfully completing the project in the time available
The project is a cross-sectional study, which would result an in-depth analysis and research. It is
a time occupying project. Moreover, during the process of completion of the course there would
be additional responsibility, which would be expected to be fulfilled by the researcher. Hence,
time constrain would be a major concern in the successful completion of the project with the
allocated timeframe. In order to ensure its success, support of lecturers and professors would be
integral.
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References
Fiadjoe, A. (2013). Alternative dispute resolution: a developing world perspective. Routledge-
Cavendish.
hbr.org. (2019). Alternative Dispute Resolution: Why It Doesn’t Work and Why It Does. [online]
Available at: https://hbr.org/1994/05/alternative-dispute-resolution-why-it-doesnt-work-and-
why-it-does [Accessed 17 Jan. 2019].
Judiciary.uk. (2016). CIVIL JUSTICE REFORM AND ALTERNATIVE DISPUTE
RESOLUTION. [online] Available at: https://www.judiciary.uk/wp-content/uploads/2013/03/lj-
jackson-cjreform-adr.pdf [Accessed 17 Jan. 2019].
Law.ox.ac.uk. (2009). Civil justice in England and Wales – beyond the courts. [online] Available
at: https://www.law.ox.ac.uk/sites/files/oxlaw/civil_justice_in_england_and_wales_-
_beyond_courts._mapping_out_non-judicial_civil_justice_mechanisms.pdf [Accessed 17 Jan.
2019].
Nolan-Haley, J. (2013). Alternative Dispute Resolution in a Nutshell, 4th. West Academic.
Sweetandmaxwell.co.uk. (2019). WHAT IS IN VOLUME 1 & 2?. [online] Available at:
https://www.sweetandmaxwell.co.uk/whitebook/forms.aspx [Accessed 17 Jan. 2019].
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