“The spiralling costs of contentious litigation, and the delays, uncertainties and lasting acrimony which such litigation occasions, have however over the past 20 years led to the increasing recognition by the judiciary, legal advisers and the disputants themselves that contentious litigation itself should be recognised as the option of last resort […]”
Sir Gavin Lightman, Royal Courts of Justice, Strand, London, October 2001
The above quote addresses the problem of the expensive and long lasting process of litigation in courts, which has not only been the case in England and Wales but also in Germany.
In this paper different techniques for resolving disputes outside traditional court in both countries will be examined.
As a solution for the named problem Alternative Dispute Resolution (“ADR”) made its way into being an option for solving disputes. By definition “ADR is a form of facilitated settlement that is confidential and without prejudice. Consequently the contents of the process need not usually be disclosed to a court. Because it is a form of settlement process the client is not at risk of being bound to an unfavourable outcome by a third party’s decision” (Caller, 2002, p. 1). It is then voluntary to enter into a binding agreement as long such is reached. If ADR fails, the case can still be carried to the court, normally without disclosing the reasons of failure. It should be stressed out that participants do not run the risk of losing control of the process, as it is without prejudice and non-binding – contrary to a judgment at trial (Caller, 2002, pp. 1-2).
It is important to keep in mind that ADR is only an option for solving disputes since “everyone has the right to recognition everywhere as a person before the law“ (Art. 6, UDHR).
Moreover ADR primarily concentrates on resolving personal disputes between parties where their claims are not massive or even perhaps try to resolve other issues involving family relationships, child custody and issues concerning land ownership (Keenan & Riches, 2007). This paper concentrates on the use of ADR in business.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Analysis
- ADR in England and Wales
- Arbitration
- Mediation
- Conciliation
- Ombudsman Schemes
- Others
- ADR in Germany
- Arbitral Procedure
- Conciliation Procedure
- Voluntary
- Obligatory
- ADR in Practice
- ADR in England and Wales
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the use of Alternative Dispute Resolution (ADR) as a method of resolving disputes outside of traditional court proceedings in England/Wales and Germany. The paper aims to analyze the different ADR techniques used in both countries and assess their effectiveness in resolving business disputes. Key themes explored in this paper include:- The rise of ADR as a viable alternative to litigation
- The different types of ADR techniques available in England/Wales and Germany
- The legal framework and policy context surrounding ADR in both countries
- The practical application of ADR in resolving business disputes
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the concept of ADR and its growing importance as an alternative to litigation, highlighting the high costs and delays associated with traditional court proceedings.
- Analysis: This chapter delves into the various ADR techniques employed in England/Wales and Germany, providing a detailed overview of each method, including arbitration, mediation, conciliation, and ombudsman schemes.
- ADR in England and Wales: This section specifically focuses on the different ADR techniques prevalent in England/Wales, exploring the legal framework surrounding ADR and its application in business disputes.
- Arbitration: This section describes the process of arbitration, its legal basis, and its common applications in various sectors, particularly international disputes, employment disputes, and consumer disputes.
- Mediation: This section explains the concept of mediation and its various approaches, including facilitative, evaluative, and rights-based mediation. It also outlines the mediation process, including the role of the mediator and the agreement signed by the parties.
- ADR in Germany: This section analyzes the different ADR techniques employed in Germany, comparing and contrasting them with those in England/Wales.
Schlüsselwörter (Keywords)
This paper focuses on the key concepts of Alternative Dispute Resolution (ADR), litigation, arbitration, mediation, conciliation, ombudsman schemes, business disputes, legal framework, and policy context. It also examines the practical application of ADR techniques in both England/Wales and Germany.- Citation du texte
- Anonym (Auteur), 2011, Alternative Dispute Resolution, Munich, GRIN Verlag, https://www.grin.com/document/214002
