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Negotiation |
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Arguably the most important form of ADR |
Most cases settle before coming to court or other forms of dispute
resolution.
Although not strictly speaking ADR because
it usually occurs before court action and not as an alternative.
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Self help |
Often disputes are resolved by the parties themselves. For example
faulty goods will usually be exchanged without argument.
Neighbours can resolve differences over boundaries, or noise.
Some parties will even tackle otherwise
legal issues by "doing it" themselves, for example "DIY Divorce".
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Conducted
initially by solicitors |
A claimant's
solicitor will contact the defendant's solicitor and attempt to resolve a
dispute without the need for court action, or other forms of ADR. |
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Specialist barristers |
One of the parts of training of all barristers is in negotiation, this can
range from quite simple "deals" to complex and sophisticated techniques.
If successful can be much cheaper than engaging in litigation. |
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At "the door of the court" |
Much court time is saved by barrister's negotiating a deal immediately
before proceedings start. This is not always a technique of lawyers,
sometimes parties get "cold feet" and will grasp a deal if it is offered. |
