AS LAW: English Legal System Alternative Dispute Resolution  Understand why the use of alternative methods of dispute solving are rising in popularity, and is actively encouraged  Understand the advantages and disadvantages of the various methods of ADR

Introduction There has been increased pressure put on the courts due to the rise in proceedings over recent years. People, in terms of consumers, employees, patients, and businesses are all using courts more readily in order to achieve ‘justice’.

The Use of Civil Courts The civil courts have certain advantages, eg: A legally qualified judge. The doctrine of judicial precedent will be applied by the judge. There will be a binding decision. Judgments can be enforced through the courts if necessary. There is an appeal system. Legal aid is available for those on a low income, for certain types of cases.

However, there are also many disadvantages, eg: The civil courts are expensive, slow, complicated and open to the public and press. The judge will not have technical expertise. Representation by lawyers is usually necessary. The system can be adversarial in nature, which could ruin relations between parties. The Court Service chooses the trial date. There is the risk that a party may lose the case.

Methods of Dispute Solving ADR Negotiation Litigation Mediation Arbitration Conciliation Tribunal

Task Working in pairs, research one of the following, and produce a brief fact sheet that outlines the method of ADR and its advantages and disadvantages: Tribunals Arbitration Mediation Conciliation Negotiation