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Essay / essay - 1642
The rules of civil procedure recognized in Wales and England impose a positive duty on the court to encourage parties to use alternative dispute resolution (ADR) procedures if the court does so. deems appropriate, from the above, it could be It can be inferred that achieving an impartial and objective resolution of disputes is no longer the exclusive claim of the adversarial legal process as liberal societies have claimed so far. Furthermore, there are hardly any exact practices of an adversarial legal system, since the daily life of the courts now involves routine deviations from its original core ideals. However, there is growing evidence that mediation results are more likely to be respected than court decisions, contrary to the position of adversarial advocates. Based on the above insinuations, this article seeks to assert the merits of alternative dispute resolution (ADR) over conventional modes. litigation system in others to demystify the liberal culture view that positions adversarial procedures as an ideal dispute resolution mechanism. The concept of introducing a neutral third party to intercede in hostile and antagonistic relationships is not new to dispute resolution; the question is rather to understand the rationale for the gradual transition to ADR. For Marc and Mia, a multitude of factors, including legal, sociological and economic, contribute to a party's decision to settle out of court. Shortcomings of the adversarial system in resolving disputes, particularly those involving parties from different countries, are believed to have fueled the emergence of ADR. Proponents of this hypothesis argue that national laws relating to the jurisdiction of courts in most countries have not been adapted to accommodate possible...... middle of paper...... and mediation which are the popular forms of ADR. ADR methods include negotiation, early neutral assessment or neutral fact-finding, conciliation, mediation, mini-trial, medical arbitration, etc. It is argued that the key factor in the application of ADR is that all its methods are designed to help disputing parties resolve their differences in the most creative manner best suited to the dispute in question. However, these advances are not significant enough to conclude that contradictory procedures are not relevant. Although some people see ADR methods as supplanting the adversarial system, these ideas can only hold water where courts in many jurisdictions are unable to resolve all disputes in a manner attractive to litigants, but until then , ADR methods will be referred to as collaborative dispute resolution. system with the conventional litigation system.