p. 11810. Alternative Dispute Resolution
- Stuart SimeStuart SimeHead of Department, Academic Programmes, The City Law School, City, University of London
Abstract
Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Court decisions indicate the parties may be ordered to use ADR. Sanctions may be imposed on parties who act unreasonably.
