Within the first part of my essay alternative dispute resolution (ADR) will be examined. I will have a critical look at the key types as well as their usefulness in fulfilling the objective of access to justice.
ADR represents a variety of processes all aiming to resolve disputes between potential litigants out of court. The parties agree on the type of process used and the independent third party. The main reason for adopting ADR, however, is dissatisfaction with litigation. Especially after the introduction of new issue fees that came into force on January 4th , many people are deterred from bringing their disputes to court by the financial barriers.
Colin Ettinger, President of the Association of Personal Injury Lawyers, describes the circumstances as unjust and unfair for litigants, especially those suffering from a personal injury, to fund - via fees and cost recovery - a civil court service which is meant to operate for the public good.'¹
Reducing both hearing......
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Approximate Word Count: 1184
Approximate Pages: 5 (260 words per double-spaced page) |