ADR

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  • Civil Courts and ADR
    • Mediation
      • Mediator passing messages between the two parties
      • Parties make the decision mediator just helps
      • Used in family cases such as divorce
      • Contracted agreement which can be challenged in court
    • Tribunals
      • Similar to courts a panel of 3 people hear the case and make a decision works alongside the courts structure
      • Panel of three: Legally qualified chairperson and 2 lay people who are experts in that particular area
      • Social and welfare cases. Domestic tribunals: enforcing rights. Administrative tribunals:apply to particular bodies
      • Each party gives evidence, evidence is cross examined and the panel comes to a decision based on the evidence
      • First tier tribunal > upper tier tribunal or High Court on a point of law > Court of Appeal > Supreme Court
    • Negotiation
      • Parties talking to each other come to an agreement
      • The parties decide
      • All cases
      • Parties come to an agreement with or without a solicitor, No third party. Face to face negotiation.

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