DISPUTE RESOLUTION

Dispute Resolution - England and Wales

Dispute Resolution - England and Wales

Introduction

Alternative dispute resolution is a set of procedures to facilitate the extrajudicial resolution of disputes (conflicts). In the English practice, a steady turnover of Alternative dispute resolution (ADR) has been indicated. Australia has also used the wording external Dispute Resolution. Despite some resistance, alternative dispute resolution methods in recent years, are widely recognized as among the general public and the legal profession in the U.S., Europe, and Australia and begin to penetrate into the legal practices of Asian countries, as well. The growing popularity of alternative dispute resolution is due to several factors: a high load of traditional courts, relatively low costs compared to the judicial proceedings, the confidential nature of the procedures, as well as, the desire of participants in the conflicts to have a greater control over the selection of those who will settle their dispute (Schwartz, 2009). This paper focuses on the critical analysis of the range of techniques available in England and Wales for the avoidance and resolution of construction disputes and the pertinent requirements for making an informed choice.

Thesis Statement

“If you have a construction dispute your biggest problem isn't the other party - it's deciding which dispute resolution option to go for” (Bessey, J., 2011, pp. n.d.).

Discussion

It must be said immediately that the dissemination of Alternative Dispute Resolution (ADR) methods during the past decade has been a major concern of the British Government. Suffice it to recall that in 2001 the Government introduced a program (the ADR Pledge) according to which all government departments and their agencies to use forms of ADR when they were appropriate and with the consent of the parties in dispute. The program was renovated and extended, to encourage all local authorities to recommend the use of ADR in cases in which its use is thought as being appropriate (Schwartz, 2009).

Also the current belief of the Ministry of Justice is that often the contestants choose a way that litigation is not necessary, because they are not aware of alternative or have not been properly informed of these alternatives when they receive legal advice or in some cases, they are not the majority, because they have the desire to punish their opponent rather than focusing on the heart of the problem (Schwartz, 2009). Consequently the Ministry intends to stimulate in particular forms of mediation through all channels and considers crucial regarding the application of the legal system.

That said in England and Wales, it is the first tool that comes to field is arbitration which shall be governed by the Arbitration Act 1996, also applicable to disputes in Northern Ireland. However, the use of Arbitration is mostly found in disputes at the international level, including large organizations, in consumer disputes, as well as in labor law (Lynch, 2001, p. 213).

The arbitration scheme involves a third party that is responsible to make the decision to resolve the issue, once it has considered the arguments provided by both the ...