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Alternative Dispute Resolution

Alternative Dispute Resolution also known as ADR, is a common but less used method to resolving issues. It is important to note that Law is one method of resolving disputes when, as is inevitable, they emerge. Law is a formal dispute resolution mechanism because society and people have made it complex; thus there has to be mediation and rules in place to resolve issues. The Court will involve itself to make a fair, balanced decision to all parties. However you will notice below, that the Court is providing the ADR is a mean to resolve the issues rather than involve the Courts. It is somewhat forcing both claimant's and defendant's to discuss and come to an agreement. Let's start by considering the legal framework which sets out the policy: Alternative Dispute Resolution 9. The courts take the view that litigation should be a last resort. The parties should consider whether some form of alternative dispute resolution (‘ADR’) or complaints procedure would be more suitable than litigation, and if so, endeavour to agree which to adopt. Both the claimant and defendant may be required by the court to provide evidence that alternative means of resolving their dispute were considered. Parties are warned...