Transcription of Alternative Dispute Resolution (ADR) Procedures
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Alternative Dispute Resolution (ADR) Procedures
1 Alternative Dispute Resolution (ADR) Procedures The background Traditional Dispute Resolution Procedures Private Negotiation 1. A lost skill, negotiation is a process of the parties themselves or via skilled representatives, negotiating a deal with the other disputant. Any settlement must be reduced to writing, which requires the skill of lawyers/legal counsel. There are no procedural rules here. Few parties have training in this art, although counsel (Barristers) are in fact formally trained and regularly deploy this skill and are able to reduce any agreement to writing. Public Litigation 2. Litigation is a (mostly) non-private, structured, expensive, adversarial, process where a Judge will decide a case based upon the issues and evidence put before the court by skilled counsel. It is not however a very flexible process: each party must formally put their case in statements of case and in witness statements and expert reports. The conduct of litigation is a skilled business.
1 Alternative Dispute Resolution (ADR) Procedures The background – Traditional dispute resolution procedures Private Negotiation 1. A lost skill, negotiation is a …
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