ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution

Introduction1

Discussion1

Strengths and weaknesses of the workings of my group4

Strengths4

Weaknesses4

Strengths and weaknesses of my presentation5

Strengths5

Weaknesses5

Overcoming weaknesses6

Learning about team work and oral presentation skills6

Conclusion7

Alternative Dispute Resolution

Introduction

ADR is a general name that has given to a wide range of procedures that are present for the parties in civil cases to solve their conflicts or disputes before a trial has conducted (Anonymous, 2001, p. 2). There are a lot of ADR concepts like meditation, negotiation/conciliation and arbitration. They are rarely interchangeable. A lot of misconceptions and disputes arises that needs to get solved quickly (Anonymous, 2003, pp. 55-56). Some time it has sorted out without any legal contracts, but sometimes a formal contract is necessary.

Discussion

As, told in the introduction that Alternative dispute resolution consists of some concepts. Now let's take a look on them one by one. Arbitration is a process where single, or many independent arbiters invite parties to show arguments and facts. This showed a decision on the basis of equity or law. It is a B2C transaction i.e. business to consumers (Anonymous, 2003, pp. 55-56). Meditation is another concept in ADR which can be defined as the process where mediator passes the proposal. This proposal is of settlement that needs to be given to another party and counterproposal back to the first party. This exchange of the proposal is continuous till parties reach an agreement. When this proposal gives a result than a legal contract has made (Anonymous, 2003, pp. 55-56). Conciliation/negotiation is also a process in which independent conciliator guides parties to have a compromise. An understanding between parties of the legal rights and obligations shows a role but equity is the deciding factor. If parties agree with going to court, so it is good otherwise they are free to go to court (Anonymous, 2003, pp. 55-56).

ADR helps to improve access to the justice system. Some target of access to justice defined below:

It should be affordable

Should avoid long trails

To get a free trial for everyone(Schonewille, 2009, pp.1-2).

No delays

Should minimizes the complexity

The main reason for this is to give an opportunity to every citizen to raise their voices for their rights (Schonewille, 2009, pp.1-2). There are a lot of ways to improve access to justice, some of them mentioned below:

Should have access to lawyers

Needs to use modern technology that connects to e-justice online 24/7.

Accessible courts should be open

Protect and support groups

Educate people who are unaware of this fact (Schonewille, 2009, pp.1-2).

Listening to protestors and providing them a platform to raise their issues.

It is a way to solve issues and disputes. Meditation a concept in ADR also helps to improve the justice system through

Expedition

Confidentiality

Establishing and maintaining relationships (Schonewille, 2009, pp.1-2).

Low cost

Reduce average loads on cases and trial lengths

Better quality of results

It has noted that courts are not only enough to show the real access to justice (Schonewille, 2009, pp.1-2).

The right of access to justice and right of a cost free trial noted in the 6th article of Convention in Europe on the rights of ...