Alternative Dispute Resolution and the Civil Courts

نویسندگان

چکیده

In 1996, Lord Woolf described a vision for civil English and Welsh justice, culminating in his culture-changing reforms (the Reforms) the Civil Procedure Rules of April 1999. These impose continuing duty on litigants to consider alternative dispute resolution (ADR) preference litigation, even after it has commenced, courts, encourage ADR. duties are central method delivery justice. They required radical new way thinking about disputes from litigants, their advisors courts.
 This article focuses Woolf’s Reforms, impact approach ADR taken by courts since It seeks identify how that informs concept justice within practice modern litigation. The approach, supported relevant case law, presents broader arguably more sophisticated view involves party autonomy, dialogue, settlement, creativity, flexibility outcome, compromise, satisfaction saving costs, as well conventional determining rights at trial due process. 
 Keywords: ADR; mediation; justice; court reforms; overriding objective; Halsey.

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ژورنال

عنوان ژورنال: Amicus curiae

سال: 2022

ISSN: ['1461-2097', '2048-481X']

DOI: https://doi.org/10.14296/ac.v4i1.5493