ABSTRACT
It is important not to let legal rights get in the way of finding a solution. Establishing legal liability can be costly in both time and money. Most problems are resolved by negotiation between the parties without the need to resort to litigation in court. If the parties cannot resolve their dispute themselves, they can agree to use one of several forms of alternative dispute resolution to seek to resolve it. The alternatives to litigation are usually referred to as ‘alternative dispute resolution’ (ADR). Indeed, the court’s Civil Procedure Rules now require courts to encourage parties to use ADR to resolve their disputes in appropriate cases.
