The ADR Method

Mediation is some times disputed as a good form of justice. Investigating this further could make for a captivating piece of work. Take a look at some examples below:

Example ADR method dissertation topic 1:

Can mediation be effective even though agreements cannot be enforced?

Mediation is slowly becoming a form of compulsory pre-action conduct with the introduction of the Dunnett theory. Given the almost uniform pre-requisite of mediation, or some other forms of ADR, in civil litigation is there an ability to reach truly lasting conclusions? Can mediation result in fair and lasting conclusions to legal matters? Where there is no legally binding result are there indications that the results are being adhered to none-the-less? This dissertation looks at the inability of mediation to impose legally binding results upon parties and whether, due to this inability, mediation should be required before proceeding with a claim.

Suggested initial topic reading:

• Datta, D and Ghosh, A ‘Mediation and Enforceability’ [2011] GNLU 1
• Davidovich, C ‘Mediation as a Method of Resolving Commercial Disputes’ in Lex nouveaux enjeux du management: Le temps des turbulence de la connivience a la competence (L’Harmattan 2012)
• Tanielian, A ‘Arbitration Still Best Road to Binding Dispute Resolution’ [2012] JLADREC 1