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

BUSINESS equity - Assignment ExampleIt was studied that m all critics strictly protested against the obliging Justice System of the United Kingdom. jibe to them the civil rightful(prenominal)ice system was inefficient, slow, unwelcoming and outdated.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 court 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 sys tem more efficient and reliable. ADR played a vital grapheme in bringing a revolution in the English Civil Justice System and it right away also implemented in many another(prenominal) countries. Give three types of ADR and say why they argon likely to be used. There ar 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 by dint of legal extremityes 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 chide and present their points and can even back off if they are not able to satisfy each other. There is no involvement of t he third party (Dukes, 1993). It is not important for the parties to hire skillful and dexterous attorneys to implement the process if they have the skill to negotiate themselves. It is likely to be used when the two parties take to have an interaction in the future since it is less confrontational than litigation. Mediation In the process of intermediation, an self-directed mediator gets involved and works with 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 t he 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