Court action is never the right answer for everyone. This could be due to many reasons such as, cost, delay in resolution, intimidation of the courts etc.
ADR is encouraged by Part 1 Civil Procdure Rules 1998 where a judge's role in Active Case Management is to encourage ADR if appropiate. ADR can only be used in Civil Cases.
Arbitration - Commonly used in commerical and contract cases.
The parties agree to let an independent qualified arbitrator makes a binding decision. s.1 Arbitration Act 1996. s.5 Arbitration Act 1996. Institute of Arbitrators.
-The parties have a choice of which arbitrator to have with the existence of Institute of Arbitrators.
-The parties also have the choice to choose the venue, date, number of witnesses etc.
-Rarely any publicity
-The arbitrator is a specialist in the field.
-Less formal than courts.
- Legal aid is not available.
- The appeals are restricted…