Alternative Dispute Resolution Essay Example | Topics and Well Written Essays - 4000 words

Alternative difference Resolution - Essay ExampleFor example, the NHS estimated that from 2000 onwards, the average time for a claim against the NHS with settlements exceeding 10,000 to reach butterfly was five and a half years4. However, it has been propounded that The satisfactory resolution of frays is a key issue for any society5 and as such, Litigation has traditionally been regarded as the dispute resolution procedure par excellence6.However, the litigation system has been pierce with problems and Lord Woolfs review of the civil litigation system underlined concerns regarding the augmenting costs and survive of litigation7. Furthermore, the report install that litigation was too costly, often surpassing the claimants application, further compounded by the lack of predictability regarding measure costs, perpetuated by consistent delays in concluding such slicknesss8.Lord Woolfs report resulted in the well-mannered Procedure Rules9 (the CPR) with a shifting emphasis towa rds case management in an attempt to alleviate the delay and expense of litigation, and to approach cases in an interventionist/managerial capacity instead of the traditional adversarial approach10. Indeed Lord Woolf commented that case management includes identifying the issues in the case summarily disposing of some issues and deciding in which order other issues argon to be resolved fixing timetables for the parties to take particular steps in the case and limiting apocalypse and expert evidence11. Lord Woolfs report also recommended a propensity towards alternative dispute resolution (ADR), with litigation as a last resort option12.However, Cornes highlights the point that private commercial intermediation in particular does not take place in a licit vacuum, many legal principles are highly relevant to mediation, such as confidentiality, without prejudice, impartiality, conflicts of interest, privilege and so on13. To this end, Cornes further highlights the fact that the exec ution of instrument of