BUSINESS LAW Assignment Example | Topics and Well Written Essays - 2000 words

BUSINESS LAW - Assignment Example It was studied that many critics strictly protested against the Civil Justice System of the United Kingdom. According to them the civil justice system was inefficient, slow, unwelcoming and outdated. Many attempts were made to resolve these issues and failed until Lord Woolf came up with his report in 1996. The report had recommendations based on ADR and it was assured by Woolf that if these recommendations were implemented, a new landscape for English Civil Justice would be created. Some of the recommendations that were put forward in the report were as follows: The litigation should be less complex Litigation should be done in a shorter time with effective results The cost of litigation should be affordable to the parties who do not have much financial resources. Judges should be supported so that they can manage litigation according to the new rules. The reason why ADR was recommended in the report was to make the Justice system more efficient and reliable. ADR played a vital role in bringing a revolution in the English Civil Justice System and it now also implemented in many other countries. Give three types of ADR and say why they are likely to be used. There are generally three types of Alternative Dispute Resolution techniques that are commonly practiced in the United Kingdom. ... s of the respective parties put fewer efforts into resolving the disputes through legal processes than they do in negotiating and come to an agreement (Bazerman & Neale, 1992). This is basically done by the negotiators who concentrate more on problem solving and trying to satisfy both the parties rather than identifying who is right and who is wrong. In the process of negotiation both the parties have total control on the situation throughout. They are free to talk and present their points and can even back off if they are not able to satisfy each other. There is no involvement of the third party (Dukes, 1993). It is not important for the parties to hire skillful and trained attorneys to implement the process if they have the ability to negotiate themselves. It is likely to be used when the two parties expect to have an interaction in the future since it is less confrontational than litigation. Mediation In the process of mediation, an independent mediator gets involved and works wit h the two parties to resolve the dispute. Mediators are highly trained professionals who have the ability to help the parties communicate and come to a mutually satisfied agreement (Acland, 1990). However, mediators neither have any right to impose a rule on any of the two parties nor to make decisions for them. They are just a source of communication between them. Mediation is successful if two parties satisfy each other and sign a legal agreement in which they agree to abide. In case of unsuccessful mediation no agreement takes place and the parties are likely to take the dispute to the court. In mediation the parties are found to resolve the dispute in a shorter period of time. The parties can start the process of mediation even if they have filed the case in the court which is much