Going to court to settle a dispute can be expensive and stressful . When parties to a dispute find a mutually acceptable resolution, such agreements are more likely to be honoured into the future. In contrast to a decision that is imposed by a third party, namely a judge. ADR schemes are not meant to replace the courts, but ADR does have some clear advantages, the main one being, that the parties retain control over the outcome. In the Irish jurisdiction, in general, Judges consider that going to court should be a last resort. In certain disputes, court rules, require that legal representatives, should make every effort to help clients settle a dispute through ADR. Parties in dispute should be encouraged to seek resolution rather than settlement through the litigation process. Legal discourse conjures a conflict culture. Pavlich (1996) asserts that the promise of informal dispute resolution may ‘liberate litigants from the inhospitable procedures of the courtroom’.
Grace Corrigan – Mediation Practitioner (Mediation Solutions)