” In 500 words, assess whether it is just for the courts to refer disputes to ADR for the purposes of settlement?”Here is some comment from other students:First comment:One of the most common ways to resolve a dispute is using court or tribunal. The party or parties will bring the case to the court to be resolved by the judges. The issue will be settled based on the law, and the process will not be flexible because the court will determine any schedules for the whole process. Using the court will also make the case open to the public. Everyone can follow the case, and sensitive information might be exposed to the public. Court based settlement also require more rigid procedures and the parties has to obey the decision. There will be less room for the parties involved to resolve their disputes outside what the court has decided. The court will settle the conflict based on the law. The decision will disregard any impact on the relationship between the parties.Another way to resolve a dispute is by using out of the court methods or alternative dispute resolutions (ADR). Using the ADR can be less costly compared to settle the case using the court. The use of ADR will also limit the audiences so it will protect some sensitive information to leak outside the involved parties. The decision process of ADR will be more flexible compared to the court’s decision. The decision from the ADR process will not be merely based on law but more on the need to resolve mutual parties’ interest. This process will not only fix the disputes but might also save the relationship between the parties.In the case of court refer to ADR for a dispute settlement, we need to distinguish the case first. Court order to use ADR for settlement will be just if the main purpose of the settlement is something that cannot be achieved by the court’s decision. For example, since the law is the main base for a court decision, it is not on the court’s interest to maintain agreement between parties. In the case of family law, like divorce, maintaining agreement for relationships might be more important than finding who is at fault in the relationship and who has to be responsible for the fault. Therefore, I think it is just for the court to refer ADR for the purpose of settlement for this case. By using ADR, the parties involved can express their thought more freely with the mindset to achieve agreement to protect their family. However, the court compelled order might not be just for another case. Contract disputes might need a quick resolution and the ADR process based on court order might delay the process. The ADR based on court order will also be less effective since usually, parties go to court because the ADR failed to resolve the dispute. The use of ADR for settlement will also incur more money for the involved parties. In conclusion, the court refers to ADR for settlement might be just on unjust depend on the case and what kind of settlement should be the best settlement.Second Comment,It is just or unjust depends on different case situations and demands. Because compare to out of court method or trial, ADR is more focus on efficiency and Appeals of all parties. The ADR has some points which influence just.1, The ADR is not that compelled compare to using court and more economically. If the ADR program is successful, it is likely to be a win-win outcome. If not, the cost is mere time and the small cost of ADR compare to formal trial. Since the ADR’s basses is not only lay but also both parties’ interest, the just may not be guaranteed. However, sometimes absolute justice makes both side unhappy which is not the ADR aims to.2, In the ADR process, the both parties don’t need to be in a confrontational position. The result of ADR is normally reached and accepted by both parties demand, the informality does not violate natural justice. In this case, it is just for court to use ADR.3, The ADR can be particularly effective when there is an ongoing relationship between both parties such as marriage. It also about privacy. For example, the ADR doesn’t give a right or wrong result about the marriage relationship. It would make a new agreement to continue the existing contract. Without open to public which would happen by using court, it would help both parties to give up confrontation, create a harmonious atmosphere, and peacefully resolve disputes.From the above, from the pure law perspective, the ADR may not be just enough but it is an effective and economic way to solve disputes.
