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Words: | Submitted: Fri Aug 15 2003
... encourage use of ADR Reasons to have tribunals * Tradition in English law to have special court bodies alongside courts, e.g. ecclesiastical. Negotiation 1 * Disputes can be settled by negotiating directly with person involved. * Completely private * Quickest and cheapest method of ADR * Sometimes lawyers are used * Even when court procedures started they continue to negotiate. * Longer it drags the more it costs * Worry of at the door of the court settlements. * ADR and CPR aimed at avoiding this Mediation 2 * Neutral mediator help parties come to solution * Role of mediator: see how much common ground is between parties. Carry offers to and fro, while keeping confidentiality * Usually mediator does not give opinion. Acts as facilitator. * Sometimes will be asked for opinion and becomes more of an evaluator. * Mediation only suitable if some hope of cooperation is there. * Mediation can take different forms. * Important point is parties remain in control. Formalized settlement conference 2.1 * ...
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