ADR should be a compulsory step

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ADR should be a compulsory step

Advantages

  • ADR SHOULD BE COMPULSORY
  • It is more private for clients
  • Lord Woolf review - too slow, too unequal, too uncertain and too expensive
  • ADR maintains relationships if resolution is made amicably
  • Reduce case loads on courts - courts retain control of cases heard
  • Can encourage compromise
  • Informal
  • Mediation works in Canada

Disadvantages

  • ADR SHOULD NOT BE COMPULSORY
  • No legal aid available for ADR - not everyone can afford it
  • Wilson states it can create barriers between parties who do not wish to participate
  • It can be uncertain - no idea of how long it may take or costs
  • Creates no system of precedent or rules
  • Unequal bargaining power between parties
  • Contravenes Article 6 (1) as it may be seen as denying litigants to courts

Evaluation

USE MEDIATION NOTES TO HELP WITH THIS TOO

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