Problems of litigation:
- Time consuming
- Open: Press and public may be involved
- Judge might not be an expert
Alternate Dispute Resolution
- Judge must encourage ADR
- One individual against another
- Can instruct solicitors to negotiate on your behalf to keep the matter out of court.
- 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
- Growing in number
- Centre for Effective Dispute Resolution (80…