Alternative Dispute Resolution

In light of recent case law, consider the extent to which the Civil Procedure Rules require parties to engage with ADR. In Alternative Dispute Resolution (ADR) the consultation paper in 1999 Lord Chancellor wrote for most people, most of the time, litigation in the civil courts, and often in tribunals too, should be the method of dispute resolution of last resort. ADR the process to resolve disputes without going through the court system. It comes in the form of arbitration, early neutral evaluation, expert determination, mediation, conciliation, med-and, neutral fact finding, Ombudsmen office and utility regulators. Most common of all is mediation where a third party is chosen to help guide the disputing parties to a resolution. This person is not a decision maker but is usually an expert in the disputed area to aid in arriving at an agreement. Conciliation is a step up from mediation and allows the third person to suggests compromise and possible conclusive agreements. Though these two could lead to a resolution of the dispute they do not always achieve that end. As part of the civil justice reforms, courts have a general requirement to manage cases actively which includes encouraging parties to use ADR