Friday 21 March 2008

Alternative Dispute Resolution

Alternative dispute resolution, usually referred to as ADR, is the collective term for the ways that parties can settle civil disputes, with the help of an independent third party and without the need for a formal court hearing.
This section describes how alternative dispute resolution fits into the department for constitutional affairs proportionate dispute resolution strategy and what we are doing to promote it.

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    It seems that a decision made and agreed at the end of an ADR hearing cannot be changed. I can understand the reason for this, i.e. to bring damaging litigation to an end, but it has it's drawbacks. It may be that the complaint did not realise the significance of some evidence until it was to late to do so or he was talked into accepting a much lower settlement than they should have got.

    I know only one person who thought of trying ADR. As his complaint was against a solicitor he wanted at least one non-solicitor on the three-man panel, an accountant if possible, but he was told he must have three solicitors so he decided against ADR.

    Diana

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