Instead of going to court, claimants should use the Alternative Dispute Resolution because they can save a lot of time and in most cases there is a quicker outcome. Taking cases to court means a lot of paperwork and writing up. This is very time-consuming. Going to court can also mean destroying important relationships (e.g. between neighbours or your ex-partner). ADR uses a method called mediation, where an independent third party (the mediator) talks to both parties to try to come to a compromise or solution. This can preserve the relationship and find a solution where both parties will be satisfied.
I quite agree Humayra, the main ones who win in a court case are the overpaid barristers and solicitors!
You go girl :) fab answer. If I ever need a lawyer you will be the first one I will choose:)
I think you've highlighted the most important reason here Humayra: most disputes arise through misunderstandings and are between people who will need or want to continue their relationship. Neighbours is a good example but often disputes will arise between companies and suppliers. Fighting the dispute out in court is rarely the best way to resolve these kind of disputes.
I think this is the best solution as court costs money, evidence takes time to gather, time/money can be wasted going to court, relationships are destroyed and court is generlly a waste of time.
True, but what happens if the two sides have already fallen out to the point that they won't come together?
In many cases I agree with you Layton: ADR is often the best solution. Like Mr Badat says though, there are cases when the parties just can't come to an agreement between themselves. Arbitration can help sometimes but court action can be the only option!
Humayra, I agree with you. Often if a dispute is taken to court and 'formalised', individuals still feel aggrieved because someone is telling them what to do - no one really likes that.... With ARD both parties 'own' the solution, because they have agreed it through mediation, therefore it is most likely to work well.
I agree also. Taking it to court is making it so formal and can leave many feelings of resentment. It also is not always fair on each party. One party may be trying to stand their ground for what they feel is right but when taken to court this can cost them dearly as they could be liable for all costs!
It satisfies both sides (most important in my opinion)
Well, basically, if you try and resolve the matter without having to enter court is much easier, most people havnt got the time or effort or money to go to court so it's very easy for you to resolve things outside of court and not be wasting money, time and the courts time!
If you resolve the argument before court then there is no point of going court and loosing money or eny thing!!!
I agree with Humairah of going through ADR which is less stressful than going to court considering time and effort, not to mention the extortionate amount of money wasted. Mrs Gray mentions the overpaid barristers and solicitors have a huge conflict of interest in this and very true. However, the parties are adults afterall and should try and resolve their issues as far as possible instead of creating a battleground for themselves and their families.
Welcome to the Essa English blog!