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Problems of litigation:

  • Time consuming
  • Expensive
  • Open: Press and public may be involved
  • Judge might not be an expert

Alternate Dispute Resolution

  • Judge must encourage ADR


  • One individual against another
  • Cheap/free
  • Quick
  • Can instruct solicitors to negotiate on your behalf to keep the matter out of court.
  • Private


  • Where a neutral mediator helps the parties to reach a compromised solution.
  • The mediator consults with each party and looks for common ground.
  • Will carry offers to and fro the parties
  • Won't give his own opinion
  • Parties must be able to co-operate otherwise it won't work.
  • The parties are in control, they make the decision.
  • Not legally binding

Formalised Settlement Conference:

  • More formal method of mediation
  • "Mini trial"
  • Each side presents their case to a panel made up of one person from each side and a neutral adviser
  • If the panel can't decide then the neutral adviser will act as mediator

Mediation Services

  • Growing in number
  • Centre for Effective Dispute Resolution (80…


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